Notarial Certificate as Electronic Evidence: Practical Guide
A notarial certificate is a public instrument granting public faith to virtual content and messages, preserving legal evidence against deletion.
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Por Redação Notarial do 5º Tabelionato de Notas do Recife — Redação jurídica assistida por IA · 5º Tabelionato de Notas de Recife
Context note: This content describes Brazilian notary and registry law.
This article answers
- What is a notarial certificate (ata notarial) and how does it work to record digital evidence?
- How to request a notarial certificate to record WhatsApp messages and social media posts?
- What requirements make a notarial certificate an accepted piece of evidence in court proceedings?
- How much does it cost and how long does it take to draft a notarial certificate for internet facts?
- What happens if the sender deletes the messages before the notarial certificate is drafted?
In summary
- The notarial certificate as electronic evidence for online facts and messages (ata notarial como meio de prova eletrônica para fatos e mensagens) is a public instrument drawn up at a notary public office (tabelionato de notas) to perpetuate facts verified on the internet, mobile applications, or virtual environments.
- The notarial act grants public faith (fé pública) and a presumption of veracity to the verified content, preventing subsequent alteration or deletion of the material from compromising the evidentiary stage.
- You can request its drafting in person before the notary public (tabelião de notas) or remotely through the e-Notariado platform using a digital certificate.
FAQ
What is a notarial certificate (ata notarial) and how does it work to record digital evidence?
A notarial certificate (ata notarial) is a public instrument drawn up at a notary public office in which the notary attests, impartially and with public faith, to facts observed on the internet, emails, or messaging apps. It works by preserving content in an official public document so that information is not lost if the original post is altered or deleted.
How to request a notarial certificate to record WhatsApp messages and social media posts?
You should visit a notary public office bringing your mobile device or providing the web access links for social media. The notary or clerk will access the conversations directly within the application, verify technical metadata, and draft the text of the notarial certificate transcribing the content.
What requirements make a notarial certificate an accepted piece of evidence in court proceedings?
The certificate must record precise dates, times, access paths (URLs), party identification numbers, IP addresses, and a faithful description of the device and navigation steps. Notarial endorsement and official impartiality confer the presumption of veracity required by the Judiciary.