A prova nas relações jurídicas virtuais

Abstract

This study intends to cover the main evidence-finding procedures, known in Laws, Doctrine and Jurisprudence, used to accrue the true (or not), the existence, and to verify a fact originated on juridical virtual relationships settled between absent persons through the new social interaction environments, being the internet the main one. Considering the exponential growth of technology and Internet in the entire world, situation that translates a society defined by the constant and fast circulation of information, vital to all areas, from manufacture to knowledge providing, this study will point out the evidence-finding procedure (legal proves and pre-prove procedures) used on a virtual environment, as well as the main aspects of the affirmative covenant action as a effective procedure to avoid virtual tort or infractions, intending to acknowledge the civi criminal and labor liability. At least, considering some tendencies the may be verified in our doctrine and jurisprudence mentioned during this study, we will analyse the references and the main changes in the Brazilian juridic system, if the Bill of Laws are approved, highlighting the New Code of Civil Procedure (Bill of Law N. 166/2010), New Commercial Code (Bill of Law N. 1.572/2011) and the Internet Law (Bill of Law N. 2.126/2011)