Chain of Custody of Digital Evidence: Technical Vulnerability and Legal Reliability in the Jurisprudence of the TJTO (Court of Justice of Tocantins)

Abstract

The digitalization of social relations and the growing dependence on electronic evidence have imposed on criminal proceedings the challenge of dealing with evidence characterized by immateriality and volatility. This study analyzes the application of articles 158-A to 158-F of the Brazilian Code of Criminal Procedure, introduced by Law No. 13,964/2019, specifically focusing on the preservation of the chain of custody of digital evidence within the Court of Justice of the State of Tocantins (TJTO). The primary objective is to investigate the tension between the technical vulnerability of these traces and the legal reliability of judicial decisions. Methodologically, a qualitative and quantitative approach was adopted, based on documentary research of 28 judgments from the Tocantins Court published between 2024 and 2026. The results reveal a decision-making pattern guided by judicial pragmatism, where the theory of relative nullity and the principle of pas de nullité sans grief prevail over technical-scientific rigor. It is concluded that the court tends to validate breaches in the chain of custody and uses the barrier of estoppel to shield unauditable evidence, operating an inversion of the burden of proof that weakens the system of fundamental guarantees and the search for real truth in the digital age.