Portuguese 
English 
Spanish 
3 min of reading 
0 comments 
Quickly Understand Why The Reliability Of Screenshots Became A Central Requirement In Recent Judicial Decisions
On November 13, 2025, the Superior Court of Justice, through Minister Joel Ilan Paciornik, reinforced that it is the State’s responsibility to prove the integrity of WhatsApp screenshots used as evidence in criminal proceedings. Thus, the decision annulled elements used in the conviction for robbery of a defendant, since, according to the records, the chain of custody was not adequately preserved. Therefore, the court’s understanding reinforces the central role of technical verification in the presentation of digital evidence.
Integrity Verification Is Mandatory, According to The STJ
Minister Joel Ilan Paciornik emphasized that, since rulings from the 5th Chamber of the STJ, it is exclusively the responsibility of the prosecution to demonstrate the reliability of digital evidence presented. Thus, as recorded in the session, the absence of minimal care breaks the chain of custody and compromises the material. Furthermore, the defense of the accused argued during the trial that there was no appropriate technical protocol in the collection of the WhatsApp screenshots. Therefore, they argued that the evidence would be compromised, as the hash code of the files was not generated. And, precisely for this reason, the minister found the harm caused by the break in the chain of custody evident, which rendered the evidence unusable.
ARTICLE CONTINUES BELOWSee also
The new Civil Code could revolutionize marriages in Brazil with “express divorce” and changes that could exclude spouses from inheritance.
Banco do Brasil sues famous influencer for million-dollar debt and intensifies debate on delinquency, risks of seizure, and direct impact on Gkay’s credibility.
The Senate approves a bill that criminalizes misogyny, hatred, or aversion towards women, and includes the crime in the Racism Law with a penalty of up to 5 years.
Chamber Approves Bill That Allows Pepper Spray for Women Over 16 and Imposes Strict Rules for Purchase, Possession, and Use as Self-Defense
TJ-ES Had Validated The Screenshots, But Without Requiring The Hash
The case became relevant because, previously, the Court of Justice of Espírito Santo considered the screenshots extracted from the mobile device to be valid. However, the court stated that the mere absence of the hash code would not automatically invalidate the evidence. Nonetheless, upon reviewing the records, Minister Paciornik decided that there was no guarantee of authenticity because formal procedures were lacking to demonstrate that the messages were not manipulated at any point. Therefore, the writ of Habeas Corpus ultimately declared the digital elements inadmissible, requiring the original court to assess whether there were other credible indications supporting a potential conviction.
Hash Code And ABNT Technical Standards Reinforce Security
The decision cited explanations presented, which pointed out uncertainties about the correct way to preserve digital evidence in Brazil. Furthermore, the minister recalled that the standard ABNT NBR ISO/IEC 27037:2013 establishes guidelines for reliably handling digital evidence. It provides for the use of hash code, which ensures the uniqueness of the file. It also envisions auditable software that allows secure extractions. Additionally, it requires complete documentation to record each step of the chain of custody. Thus, the minister concluded that, without the technical verification of the integrity of the digital evidence, the material loses reliability. Therefore, he emphasized that the disposal of evidence protects legal security.
Seja o primeiro a reagir!