Os meios de obtenção de prova na lei do cibercrime

: pesquisa de dados informáticos

Abstract

The technological growth on the one hand contributes to the development of societies, on the other has become a dangerous weapon, giving rise to various types of crime. To combat the growing crime and come up with solutions to deal with digital evidence, several countries, including Portugal, came together and created the Cybercrime Convention of 2001. Convention which had a leading role in the fight against cybercrime, regulating the means of obtaining evidence under digital. The means of obtaining evidence, earned us highlight the research of computer data, that deriving from traditional searches, was designed and adapted to the digital reality. Although it is notorious the legislative approximation between non-house searches and research data, this does not cease to be an innovative measure. The research data can however be quite evasive of fundamental rights of citizens because, nowadays there is a great diversity of information stored in computer systems and, though research, the competent judicial authorities can access a set of very broad information. The Online search, hidden method of research that is not provided for in our legal system, allows a online search to a computer system through another system, without that person having knowledge. Even though it is a measure that undermines fundamental rights, can be a very effective method in the fight against terrorism and crime highly violent and organized, since, legislated with very tight criteria.

Date of Award	24 Feb 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Damião da Cunha (Supervisor)