A cadeia de custódia da prova digital: reflexos da lei n. 13.964/2019 no manuseio e preservação de vestígios digitais no Departamento de Polícia Técnica da Bahia

Abstract

This research, with a legal and social aspect and an empirical approach, focused on the topic of chain of custody of digital evidence, to verify the effects of Law 13964, 24 December 2019, (inclusion of articles 158-A to 158-F in the Criminal Procedure Code) in the handling and preservation of digital evidences, within the scope of the Technical Police Department of Bahia. The literature review contextualized the matter, presenting the most relevant concepts and categories, and systematized the debates on the effects of breaking the chain of custody and the need for specific standards for the chain of custody of digital evidence, leading to the understanding that the evidence digital requires different treatment when compared to traditional evidences. The semi-structured interview allowed us to conclude that the Institute of Criminalistics linked to Technical Police Department of Bahia has been adapting forensic activities to the new regulatory scenario.