THE CHAIN OF CUSTODY OF DIGITAL EVIDENCE AND THE LIMITS OF THE ANTI-CRIME PACKAGE IN CRIMES AGAINST HONOR

Abstract

The present study aims to analyze the legal and technical challenges related to the chain of custody of digital evidence in crimes against honor, examining how the preservation of evidentiary integrity impacts the effectiveness of criminal prosecution and the protection of the defendant’s fundamental rights. The methodology adopted consists of qualitative research of an exploratory and descriptive nature, based on a bibliographic review and documentary analysis of relevant legislation, doctrine, and case law, with emphasis on the provisions of the Brazilian Code of Criminal Procedure, Law No. 13,964/2019 (the “Anti-Crime Package”), and technical standards for digital forensics. The results indicate that the absence of standardized protocols for the collection, storage, and analysis of digital evidence compromises the reliability of such evidence, generating risks of procedural nullity and violations of the adversarial principle. It was also found that responsibility for maintaining the chain of custody is distributed among multiple actors, including forensic experts, law enforcement authorities, and application service providers, without a clear delimitation of duties, which weakens the criminal policy aimed at addressing crimes against honor committed in virtual environments. The study concludes that the effective protection of digital evidentiary integrity requires the adoption of specific technical guidelines, the continuous training of legal practitioners, and legislative improvements that regulate custody procedures in detail, ensuring the legality and admissibility of evidence in criminal proceedings.