A eficiência e os desafios da produção de provas digitais no processo civil: uma análise jurídica e tecnológica

Abstract

This paper analyzes the production of digital evidence in Brazilian civil procedure, focusing on its efficiency and the legal and technological challenges involved. Given the increasing digitalization of social relations, digital evidence has become relevant to the resolution of judicial conflicts, requiring legislative and doctrinal adaptation. The study addresses the concept and nature of digital evidence, discussing its admissibility as an atypical means of proof, as well as the legislative evolution on the subject, including Law No. 11,419/2006, the Civil Rights Framework for the Internet (Law No. 12,965/2014), the General Data Protection Law (Law No. 13,709/2018), and the 2015 Code of Civil Procedure. Furthermore, it examines the advantages and risks of using such evidence, especially regarding authenticity, integrity, and the chain of custody. It concludes that despite legislative and jurisprudential advances, the production of digital evidence still lacks legal certainty and technical expertise to ensure its effectiveness and reliability. The study aims to contribute to the improvement of legal doctrine and practice, proposing a reflection on the balance between technological innovation and the fundamental principles of civil procedure