A prova digital de geolocalização na justiça do trabalho

Abstract

The digital proof of the geolocation type emerges as another alternative in the science of law, of licit and legitimate proof, to be produced in the Labor Judicial Process, aiming to seek the feasible truth and the conviction of the judge. The Labor Court in Brazil is a pioneer, through the Digital Proof Program. In this reality, the question arises: How is the Labor Court in Brazil treating the digital proof of geolocation in Judicial Processes and its reflections in Labor Judicial Decisions? Thus, the research has the objectives: to explore the strategies and best practices adopted by the Labor Court in Brazil in the treatment of digital evidence; verify the concept and normative foundation of digital proof in Brazil, its relationship with the LGPD and with the procedures used to treat digital proof; comment on whether or not there has been the application of the principle of dialogue of sources in the context of digital evidence; analyze the efficiency of the "digital proof" program of the Labor Court, and its impact on labor court decisions. The research methodology is documental, with qualitative analysis of materials collected in Brazil and Decisions of Labor Judicial Proceedings from January 2022 to June 2023, of the TST and the TRT11th Region. To filter the research sources based on open and public data, it was necessary to establish the descriptors: digital proof, electronic proof, digital proof and geolocation, geolocation, "digital chain of custody" and "Veritas system", and establish Criteria for Analysis of Judicial Decisions. As a result, 114 Labor Lawsuits were analyzed, and the concern of the Brazilian Labor Court to understand, dominate, use and multiply knowledge related to digital evidence was identified. But, it was found that there is a need for improvements in the validation of digital proof; there is a non-observance of the norms of archival science; the mastery of the subject by lawyers should be improved; and the need for the curated repository of digital proof. The fruits of this research are the technological products: the Draft of the General Law of and the Digital Proof Digital Proof Guideline.