Provas digitais e as implicações da teoria do fruto da árvore envenenada

Abstract

The following monograph will address digital evidence and the implications of the fruits of the poisonous tree doctrine. Thus, the study aims, firstly, to provide a historical overview of the evolution of evidentiary production and how the Civil Procedure Code foresees digital evidence. But, more importantly, it also aims to present an analysis of the technological transformations that law has undergone in recent decades, such as digital evidence, exploring the positive and negative points of this technological transformation. To this end, the challenges faced by jurists regarding the increased use of technologies in judicial proceedings, such as artificial intelligence, but specifically digital evidence, will be analyzed, as well as the possible consequences of the absence of regulation. This is because, due to the great technological evolution and the advances in artificial intelligences capable of producing any required content, the law needs to adapt to this new scenario. That is, the study will also address the existing normative provisions on the topic but bringing a critical analysis of the areas where there is still an insufficiency of legal norms