Revista Eletrônica de Direito Processual (Sep 2020)

NOTARIZED MINUTES AS INSTRUMENTS OF EVIDENCE IN FUNDAMENTAL PROCEDURAL LAW BEFORE THE VOLATILITY OF FACTS IN CYBERSPACE

  • Luiz Gonzaga Silva Adolfo,
  • Júlia Schroeder Bald Klein

DOI
https://doi.org/10.12957/redp.2020.45130
Journal volume & issue
Vol. 21, no. 2
pp. 269 – 286

Abstract

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Before the profuse number of possibilities of legal facts taking place in cyberspace, one questions how to measure qualified evidence value for such occurrences in potential lawsuits. Therefore, this article aims to analyze a public instrument, the notarized minute, as a means to prove the legal facts that occurred in cyberspace. The conclusion is that, in the presence of the ever-changing contents in cyberspace, an instrument is needed to guarantee legal safety and significant evidence power in potential legal litigations, which is achieved through the recording of notarized minutes. The deductive approach and the monographic procedure were used as elements of the methodology.

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