Author(s) Catarina Rodrigues Santos Costa
Advisor(s) Flávia Noversa Loureiro
Synopsis This dissertation, essentially triggered by the different development paces taken by Law and technology especially close to last century’s turn, considers the essence of the exclusionary rules, reinforcing the self and autonomous regimen that characterizes the figure among the remaining nullities within procedural criminal law. It assesses, then, those effects associated with the violation of the exclusionary rules, namely on its consideration to the fruit of the poisonous tree doctrine and the limitations opposed to this effect pointed out by the United States Supreme Court. Afterwards, it focuses on the digital evidence concept. Making use, as auxiliary tools, of all doctrine and jurisprudence written subjects, and under the law 109/2009, September 15th, it aims to highlight the particular difficulties put by its peculiar nature. Following, this essay explores the several types of digital evidence, considering its aspects and drilling down, mainly under a practical point of view, all its peculiarities. Moving forward, stressing the problematic caused by the overlap between the exclusionary rules and its constitutional essence and the digital evidence aggressive quality in the face of fundamental rights, debating upon the effectiveness of law’s protection over these rights, in contraposition to the particular cornerstones of this kind of evidence. Addressing previous considerations’, it rests over the final deliberations, more critical than conceptual, offering a steady and solid perspective over the subject by accessing common ground between doctrine and jurisprudence of decades over exclusionary rules and this new legal domain, the digital evidence.
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