Aspects of Validity and Invalidity of Electronic Evidence in Electronic Judicial Proceedings

Abstract

Technological modernization and the evolution of access to these resources to
the various sectors of society have profoundly changed legal careers with the introduction
of the electronic judicial process, which have been adopted more and more in the
Judici ary. Along with the electronic process, the electronic proof appears, a new type of
proof that lacks some requirements not yet used to verify its full validity. By means of an
exploratory research, based on a bibliographic and documentary procedure, the ma in
issues involving electronic evidence were addressed, so it was demonstrated that,
although there is no specific legislation regulating the subject, the legislation already
admitted the possibility of its use, however, some specific requirements must be observed
to verify its legitimacy, as well as the non observance of other specific requirements may
lead to the invalidation of the evidence.