A (não) valoração como meio de prova de fotografias e vídeos obtidos por particulares em processo penal

Abstract

A frivolous analysis of the evolution of criminal procedure clearly demonstrates that it has been created and applied, over the years, in order to adapt itself to the reality that underlies it. In this regard, and given the major technological advances in recent years, it is imperative that this area of law keeps up with these changes, demanding new answers. It is within the scope of this constant attempt at harmonization, and taking into account the growing relevance of photographs and videos, that the present study is inserted, whose object is the valuation of the photographs and videos, illicitly obtained by private individuals, as an evidence in criminal proceedings, excluding images obtained through video surveillance, since such capture is regulated by law and is therefore permitted as long as certain legal requirements are met, and this is a consolidated topic. In fact, the Portuguese law only allows photographs and videos to be valued as evidence if they were obtained with the permission of the targeted person, regardless of the purpose for which they were intended, given the fundamental rights in conflict. Notwithstanding, these elements are, often, essential for demonstrating the occurrence of the crimes, so we will try to understand how to advocate and justify their admissibility as evidence in criminal proceedings, even when obtained against the will of the target. Despite the various approaches to which doctrine and jurisprudence have resorted to in order to allow the valuation of these elements as evidence, I believe that the most effective solution will involve the creation of a regime that regulates their acquisition and subsequent use in criminal proceedings, similar to what occurs with other methods of obtaining evidence, such as wiretapping or undercover agents and, thus adjust the law to the current reality.

Date of Award	8 Nov 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Henrique Salinas (Supervisor)