Relatório de estágio curricular no Juízo Central Criminal de Lisboa:

• Autor(a) principal: Morais, Maria João Silva
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/159942
• topic: Juízo Central Criminal de Lisboa; Metadados; Lei n.º 32/2008; Declaração de inconstitucionalidade; Acórdão n.º 268/2022 do Tribunal Constitucional; Proibição de prova;; Recurso extraordinário de revisão; Central Criminal Court of Lisbon; Metadata; Law No. 32/2008; Declaration of unconstitutionality; Ruling No. 268/2022 of the Constitutional Court; Direito

This report is the culmination of a four-month internship conducted at the Central Criminal Court of Lisbon. In the first part, we will provide a description of the internship activities and the cases that stood out. The second part will focus on the use of metadata as evidence in electronic communications within the criminal process. The widespread and indiscriminate retention of metadata by communication operators, under Law No. 32/2008, allowed such data to become an important tool in fighting crime. The declaration of unconstitutionality, with general binding force, issued by the Constitutional Court in its ruling no. 268/2022, dated April 19, regarding the provisions of Articles 4, in conjunction with Article 6, and 9 of Law No. 32/2008, had retroactive effects, resulting in the elimination of these norms from the legal framework, as well as the effects they had produced since their entry into force. Nevertheless, we argue that it is still possible to retain, obtain, and use such metadata as evidence within the scope of criminal proceedings, through the application of Law No. 41/2004, Article 14, paragraph 4 of the Cybercrime Law, and Article 189, paragraph 2 of the Code of Criminal Procedure. However, regarding evidence obtained through metadata prior to the declaration of unconstitutionality, based on the provisions of Articles 4, 6, and 9 of Law No. 32/2008, there will be an issue of prohibited evidence, specifically a prohibition on the evaluation of evidence. Furthermore, since the Constitutional Court did not make an explicit statement to that effect, the declaration of unconstitutionality does not affect cases that have already been adjudicated. Keywords: Central Criminal Court of Lisbon; Metadata; Law No. 32/2008; Declaration