A ADMISSIBILIDADE DAS PROVAS DIGITAIS NO PROCESSO PENAL: LIMITES CONSTITUCIONAIS À LUZ DO FISHING EXPEDITION E DA SERENDIPIDADE

Abstract

This Final Course Project aims to examine the admissibility of digital evidence in criminal proceedings, focusing on the constitutional limits imposed on its collection and use, especially in light of the practices of fishing expedition and the principle of serendipity. The first chapter is devoted to the analysis of digital evidence and its constitutional boundaries, presenting its concept, characteristics, and legal nature, the main forms of collection, the safeguards related to the chain of custody, and the fundamental rights that serve as limits to state action. The second one addresses fishing expedition, exploring its origin, possible occurrences in the digital environment, and the effects of such practice when colliding with fundamental rights. The third chapter discusses digital serendipity, presenting its origin and concept, the doctrinal positions regarding the acceptance of fortuitous evidence, the criteria for its admissibility in criminal proceedings, as well as its distinction from fishing expedition, with special attention to the risks posed by generic court orders. The research adopts the deductive method, with a predominantly bibliographic and documentary approach, relying on specialized legal scholarship, case law, and national and international normative instruments. It concludes that although digital evidence has become increasingly relevant in contemporary criminal prosecution, its admissibility must be subject to strict constitutional parameters, so as to ensure the legitimacy of criminal jurisdiction, the protection of fundamental rights, and the balance between investigative efficiency and individual guarantees.