A obtenção das provas digitais no processo penal demanda uma disciplina jurídica própria? Uma análise do conceito, das características e das peculiaridades das provas digitais

This article analyzes the theme of digital evidence, and aims to answer the question: does obtaining digital evidence in Brazilian criminal proceedings require its own legal discipline? Through bibliographic and legislative study, the article seeks to answer the question by analyzing, in particular, the distinctive characteristics of digital evidence, the fundamental rights affected by measures to obtain this evidence, and two ways of obtaining specific digital data, namely, the search and seizure of computer devices and hidden and remote access through government hacking and malware. In the end, it is concluded that the legislation must provide minimum requirements for obtaining digital evidence, to guide judicial decisions that authorize the means of obtaining this evidence, that is, the question is answered positively: digital evidence does require a legal discipline of its own in Brazilian criminal proceedings.