PERSEGUIÇÃO (STALKING) E EVIDÊNCIAS DIGITAIS: CRITÉRIOS DE ADMISSIBILIDADE NO PROCESSO PENAL BRASILEIRO

Abstract

This present paper object of study is the crime of stalking, provided by article 147-A of the brazilian Penal Code, and the admissibility criteria of digital evidence in brazilian criminal proceedings. The research problem lies in identifying the main challenges faced in the use of digital evidence in the context of stalking, considering the relevance of these means of proof in a reality increasingly marked by the virtualization of social relations. The objective of this work is to analyze the difficulties inherent to the admissibility of digital evidence, relating them to the particularities of the crime of stalking, to examine the concept and elements of the offense, to discuss the nature of digital evidence, to reflect on the chain of custody and the constitutional limits of evidence, as well as to propose measures to improve judicial and investigative practices. Methodologically, the research adopted a qualitative approach, with exploratory and descriptive character, based on bibliographic and documentary research, legislation, doctrine and case law. The findings demonstrated that the admissibility of digital evidence in Brazilian criminal proceedings faces normative, technical, and structural obstacles. It was found that the absence of specific regulation, the difficulty of ensuring authenticity and integrity of evidence, as well as the insufficiency of material and human resources, undermine the effectiveness of criminal prosecution and victim protection, especially in cases of stalking. It is concluded that strengthening the admissibility of digital evidence requires legislative improvement, the standardization of collection and preservation protocols, the reinforcement of the chain of custody, and investment in technical training. Such measures are essential to provide greater legal certainty, ensure victim protection, and align criminal prosecution with the challenges of the digital age.