Apreensão de correio eletrónico e registos de comunicações de natureza semelhante

: análise à luz do acórdão do supremo tribunal de justiça n.º 10/2023

Abstract

In a recent ruling, the Supreme Court of Justice declared that, at the investigation stage, it is up to the preliminary judge to order or authorize the apprehension of electronic e-mails or other records of communications of a similar nature, regardless of whether they are open/read or closed/unread, which appear to be of great interest for the discovery of the truth or for evidence, under the terms of article 17 of the Cybercrime Law. However, the question arises as to what the practical consequences of this case law decision are. This dissertation deals with procedural issues inherent in the system for the capture of emails and similar communications, with particular emphasis on the problem of a possible distinction between open or read emails and closed or unread emails, in the light of Supreme Court Ruling n.º 10/2023.

Date of Award	5 Sept 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Henrique Salinas (Supervisor)