Home // COURSES // EVIDENCE IN LITIGATION

Digital evidence that withstands challenge: from the first hour to the expert report

The complaint came in on Friday. By Monday, IT had already opened the computer "just to take a look", and the evidence that would have supported the dismissal ended up supporting its reversal.

The course

Why this course

Where digital evidence gets lost, and how to preserve it and bring it into civil, employment and commercial proceedings.

Digital evidence is rarely lost in court. It is lost in the first hours: IT switches the machine on, the client deletes, someone photographs only the part that matters, the audio is forwarded through an app.

When the other side challenges it, the debate turns to how the evidence got there. Once a digital photo or a printed message is challenged, the CPC (Brazilian Code of Civil Procedure) requires the electronic authentication to be produced or an expert examination to be carried out (CPC, art. 422, § 1º and § 3º).

Adriano Vallim, Forensic Expert and Digital Crime Specialist, uses cases from the laboratory to show which instructions to give on the first day and which technical document to request at each stage.

Length4 hours, in two 2-hour sessions
TrackDigital evidence in litigation
FormatIn person or live online, open class or in-house. Taught in Portuguese, under Brazilian law
Who it is forCivil, employment and commercial litigators, in-house counsel, compliance teams and the company's IT staff.
InstructorAdriano Vallim, Forensic Expert and Digital Crime Specialist
CertificateCertificate of attendance stating the course hours, for every participant

I want this course

Pick as many courses as you like: they are kept and arrive ticked on the registration form.

By the end, you will be able to

What changes in your next case

  • Map where each piece of evidence in the case lives and how long it lasts.
  • Guide the client and IT in the first hour.
  • Require write blocking, a forensic image, hash and a custody record.
  • Specify what the notarial record of the collection (ata notarial) and early production of evidence must cover.
  • Choose the right deliverable for each stage of the case.
  • Read the degree of each conclusion and recognise false positives, illusory traces and forged traces.
Programme

4 hours, block by block

Session 1

0:00
The dismissal for cause that IT undid 15 min
  • The opening case
  • What IT writes to the machine while searching
  • The plan for the sessions
0:15
Where digital evidence lives 30 min
  • Device, account, cloud and systems
  • Provider records
  • Who controls it and how long it lasts
0:45
Five ways to lose evidence before the case begins 30 min
  • IT examining the original
  • Deletion and backups restored on top
  • Screenshots of an excerpt and forwarding
1:15
What the other side will ask 25 min
  • Integrity, origin, authorship and context
  • Challenged message (CPC, art. 422)
  • Hash recorded and hash verified
1:40
Questions and cases from the audience 20 min
  • Cases without identification
  • Questions about the map
  • Task for the second session

Session 2

0:00
From the first hour to the forensic image 40 min
  • Instructions for the first day
  • Write blocking, forensic image and hash
  • Custody record and batch triage
0:40
Notarial record of the collection and early production of evidence 20 min
  • The notarial record as an audit of the collection
  • What the expert has put on record
  • Early production of evidence (CPC, art. 381)
1:00
What the report states and what it only infers 25 min
  • The four deliverables
  • INFERRED and SPECULATIVE
  • False positive, illusory trace and forged trace
1:25
Exercise: the contract that changed after it was signed 20 min
  • Reading the case in groups
  • Map of sources and instructions
  • The technical document to request
1:45
Final questions and close 15 min
  • Participants' cases
  • Recap
  • Next courses in the track
Cases in class

The cases used in class

REAL CASE · ANONYMISED

The dismissal for cause overturned by the company's own internal inquiry

IT spent days examining the computer of a suspended director and found improper access. In the employment lawsuit, the forensic examination showed that the access took place after the computer was handed to IT. The dismissal for cause was reversed.

Related page →

REAL CASE · ANONYMISED

The laptop returned wiped

The laptop of an employee under suspicion was preserved covertly before the employee was suspended. When it was returned, the disk had been zeroed. The examination demonstrated deliberate deletion, and the earlier preservation secured the content.

Related page →

REAL CASE · ANONYMISED

The forged evidence that revealed its own author

To have a public tender annulled, the third-placed bidder filed digital evidence of fraud. The examination showed that it had been produced with a tampered browser; the metadata pointed to who created it.

Related page →

REAL CASE · ANONYMISED

More than a dozen phones and one innocent person among them

The official conclusion pointed to one person's involvement. Tested against alternative explanations, the correlations were false positives, and the person was cleared.

Related page →

Practice and materials

Ready to use the next day

Hands-on exercise

In groups, participants receive an illustrative example: the PDF of a contract was allegedly altered after it was signed. The file is in the director's email, the negotiation is on WhatsApp, and the server overwrites versions every month. In 12 minutes, each group delivers the map of sources, the first-day instructions and the technical document to request.

Materials provided
  • First-hour checklist: what to do and what to avoid with each source.
  • Map of sources and evidence lifespan: where each trace is and when it disappears.
  • Technical points for the collection record and early production: what each one must record.
  • Table of deliverables, timelines and degree of conclusion: which document to request and how to read the report.
Questions on the topic
IT has already examined the computer. Is the evidence lost?
Not necessarily. The timeline separates what IT wrote from what was already there, and the report states where the examination was limited.
If I calculate the hash of the file I received, is the evidence secured?
No. The hash shows that the file has not changed from that point on, not that it is identical to the one at the source. Integrity rests on a hash calculated at collection.

Laws and rulings discussed

CPC, art. 381 (Brazilian Code of Civil Procedure)  ·  CPC, art. 382  ·  CPC, art. 384  ·  CPC, art. 422, caput, § 1º and § 3º  ·  CPC, art. 429, II  ·  CPC, art. 479  ·  Marco Civil da Internet (Law 12,965/2014, Brazilian Internet Framework), arts. 13 and 15  ·  CPP, arts. 158-A to 158-F (Brazilian Code of Criminal Procedure)  ·  STJ (Brazilian Superior Court of Justice), Case Law Bulletin 838, 5th Panel, decided 10 December 2024, sealed case  ·  STJ, news release of 3 June 2026, Jurisprudência em Teses, issue 281

See also

Method and Chain of Custody →   Computer Forensics and Digital Investigation →   Anti-Forensics and Destroyed Evidence →   Judicial and Extrajudicial Expert Work →   See all courses →

Bring this course to your firm

Open class or in-house for your team, in person or online. Tell us the group size and preferred date: you will hear back within 24 business hours.

I want this course

The technical evidence your case requires. The authority courts respect.

Initial feasibility consultation at no cost. Reply within 24h on business days.
Request an Examination