Author(s) Sofia Magalhães Delgado
Advisor(s) Maria Clara Calheiros and Margarida Santos
Year 2017

Synopsis This dissertation deals with the issue related to the admissibility or inadmissibility of images and recordings as means of evidence in criminal proceedings, increasingly pertinent and current to the era of globalization in which we live and to the development and improvement of audiovisual technologies. In view of the relevance of the theme, above all, the progress made in communication and information systems and the spread of access to social networks, we intend with this dissertation to address such issues in Criminal Procedure Law, particularly in the field of valuation of evidence, when it consists of recordings and images that prove the practice of a criminal offense and are apt to identify the author or authors of the same. First of all, the title of this dissertation leads us to admit the duality of positions regarding the capture of images and recording of conversations and their use in criminal proceedings. Not only are fundamentally constitutional rights, such as rights to image, word and privacy, but also the safeguarding of the purposes of criminal procedural law, which must be guaranteed in any criminal procedure, without this implying the sacrifice or disapproval for those rights. The pertinence of this theme is also justified by the case law controversy raised about it, perhaps due in part to a growing citizen’s adherence to the social network “Facebook” since its appearance, and to the placement of images, sometimes without the knowledge of the viewing. Thus, we propose an approach to this subject with incursion into doctrine and jurisprudence, at national and foreign levels, in order to assess the disputes that have arisen in the High Courts, as well as the position adopted by other legal systems, and the criteria and lines which support, on the one hand, the admissibility of images and recordings as evidence and, on the other, the inadmissibility of such images.

See more here.