The use of WhatsApp is quite common nowadays, serving both personal and professional purposes. As a result, the messages exchanged by the platform assume a legal nature in various circumstances. They can be used as evidence in legal proceedings.
However, as it is a digital tool, tampering with documents is facilitated. Therefore, it is worth paying attention to some specific conditions in order to turn screenshots into evidence.
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The 6th Panel of the Superior Court of Justice (STJ) decided that such captures could not be evidence. This is due to the difficulty in certifying the authenticity of the images. Part of the conversations can be deleted in order to change the meaning of the text, for example.
However, there are ways to use WhatsApp as official evidence and ensure the truth of the facts. There are physical and digital tools, including, that certify messages.
notarial minutes
Drawn up in the Notaries Office, the minutes are drawn up by a notary, who transcribes the messages. In this way, it is possible to give faith to what was exhibited and narrated. Some sites perform this service and may be recognized by courts.
Blockchains are capable of recording digital transactions in a decentralized way. Thus, the conversations are stored on several machines. Any changes are possible to be identified in this way.
Acceptance of competent authorities
It is worth mentioning that WhatsApp conversations can be accepted depending on the context. In the civil sphere, prints and digital information are more easily accepted, for example.
In relations between consumers and companies, proofs via WhatsApp tend to be more accepted. However, each case will be analyzed according to its own demands and peculiarities.
In labor relations, however, it is necessary to value the authenticity of the evidence. One of the two methods mentioned above can be used.
It is also important to emphasize that the application itself makes it difficult to retrieve information. Conversations are end-to-end encrypted, making it difficult to accurately retrieve information.
Despite this, digital messages can also serve to strengthen other evidence. If there are indications that WhatsApp conversations can reinforce, it is worth using them.
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