(In)validade das provas obtidas por meio de extração de dados de aparelhos telefônicos à luz da cadeia de custódia do Código de Processo Penal

Abstract

This undergraduate thesis addresses the (in)validity of evidence obtained through the extraction of data from mobile devices in the context of the chain of custody under the Brazilian Code of Criminal Procedure. The study has specific objectives: to understand the chain of custody within the Brazilian criminal procedural system and its methods; to analyze the procedures for extracting data from mobile devices, identifying possible nullities; and to assess the understanding of the main courts regarding the extraction of phone data, considering compliance with the law and doctrine. The research adopted a qualitative approach, including a literature review, analysis of jurisprudence, and the study of related cases, as well as the approach method used for this course conclusion work was the inductive method, and the procedure method was the analytical-descriptive method. The results emphasize the importance of the chain of custody in determining the validity of evidence extracted from cell phones and highlight the need to respect fundamental rights, such as privacy, during this process. Furthermore, the relevance of the courts' interpretation in applying the rules and admitting evidence is highlighted.