Post by anik4700 on Feb 28, 2024 5:28:35 GMT -5
Retired judge and Secretary of Justice and Citizenship of São Paulo, Fábio Prieto , represented governor Tarcísio de Freitas. He praised the role of Apamagis and the representation of the São Paulo Court of Justice, a "true cathedral of Law", in his words. "We must speak with great respect about the São Paulo Court of Justice. We have top-notch judges." Finally, the president of TJ-SP, Ricardo Anafe, spoke about the importance of Apamagis and congratulated Minister Lewandowski, who, according to him, has always honored the São Paulo judiciary and always attends TJ-SP and Apamagis events. "For the Court of Justice, it is an immense honor to host this Apamagis ceremony to celebrate 70 years of the associative movement. Apamagis is an institutional movement in favor of the Judiciary. The prerogatives of judges are prerogatives of Brazilian society.
They are not advantages . They are not benefits." Brave Rafa SantosSTJ recognizes breach of chain of custody and annuls digital evidence Danilo Vital March 6, 2023, 9:11 pm CriminalJudiciary It is the State's burden to prove the integrity and reliability of the sources of evidence presented by it, including when they are d Luxembourg Phone Number igital in nature. Therefore, it is impossible to simply assume the veracity of the evidence when carelessness in the collection and storage of evidence is characterized. reproduction Digital evidence obtained from defendants' computers was not treated with care Reproduction With this understanding, the 5th Panel of the Superior Court of Justice granted a Habeas Corpus appeal to annul evidence obtained by the police in an investigation into a criminal organization specializing in electronic theft against financial institutions.
This evidence is digital and was collected in a search and seizure measure authorized by the Court, with the consequent breach of the confidentiality of the data stored in the seized electronic devices. The machines were inspected first by the banks that were victims of the theft and then by the police. For the defense, this represents a break in the chain of custody of digital evidence, as, due to the investigators' carelessness, there is no way to guarantee that the data used to support the complaint are exactly the same as those taken from the devices. Rapporteur, the summoned judge Jesuíno Rissato, who inherited the case from minister João Otávio de Noronha, voted to deny the appeal, maintaining the position of the original rapporteur: the topic is complex and its analysis demands a wide range of evidence, which does not fit into the via Habeas Corpus.
They are not advantages . They are not benefits." Brave Rafa SantosSTJ recognizes breach of chain of custody and annuls digital evidence Danilo Vital March 6, 2023, 9:11 pm CriminalJudiciary It is the State's burden to prove the integrity and reliability of the sources of evidence presented by it, including when they are d Luxembourg Phone Number igital in nature. Therefore, it is impossible to simply assume the veracity of the evidence when carelessness in the collection and storage of evidence is characterized. reproduction Digital evidence obtained from defendants' computers was not treated with care Reproduction With this understanding, the 5th Panel of the Superior Court of Justice granted a Habeas Corpus appeal to annul evidence obtained by the police in an investigation into a criminal organization specializing in electronic theft against financial institutions.
This evidence is digital and was collected in a search and seizure measure authorized by the Court, with the consequent breach of the confidentiality of the data stored in the seized electronic devices. The machines were inspected first by the banks that were victims of the theft and then by the police. For the defense, this represents a break in the chain of custody of digital evidence, as, due to the investigators' carelessness, there is no way to guarantee that the data used to support the complaint are exactly the same as those taken from the devices. Rapporteur, the summoned judge Jesuíno Rissato, who inherited the case from minister João Otávio de Noronha, voted to deny the appeal, maintaining the position of the original rapporteur: the topic is complex and its analysis demands a wide range of evidence, which does not fit into the via Habeas Corpus.