Unusability of WhatsApp Messages: Analysis of Judgment No. 1269 of 2024

Judgment No. 1269 of November 20, 2024, filed on January 13, 2025, offers an important reflection on the usability of evidence, particularly concerning WhatsApp messages acquired via screenshots by judicial police. The Court has established that such messages, even if obtained with the consent of the suspect, are subject to pathological unusability in the absence of warnings regarding defense rights. This ruling underscores the importance of respecting defense guarantees in our legal system.

The Ruling's Maxim

WhatsApp messages acquired via screenshots by judicial police - Suspect's consent in the absence of warnings regarding their defense rights - Unusability - Existence - Reasons. Regarding means of proof, WhatsApp messages acquired by judicial police through screenshots taken with the suspect's consent, but without warnings of the defense rights pertaining to the opening of correspondence, including the right to refuse such cooperation, as well as the right to be assisted by legal counsel, are subject to pathological unusability. (In its reasoning, the Court clarified that the acquisition of such messaging through non-guaranteed methods is not permitted even as atypical evidence).

Implications of the Ruling

The Court's decision is based on well-established principles in our legal system, particularly Article 15 of the Constitution, which protects the secrecy of correspondence. Furthermore, the Code of Criminal Procedure (C.P.P.) establishes, in Articles 191 et seq., the methods for acquiring evidence and the necessary guarantees for suspects. In this case, the Court highlighted how the absence of warnings concerning defense rights can lead to a violation of the suspect's rights, rendering the collected evidence unusable. It is crucial for judicial police to adhere to the established procedures to ensure that evidence is valid and usable in court proceedings. Issues related to the use of messages from instant messaging platforms are increasingly relevant, considering the widespread use of these technologies in daily life.

Conclusions

In conclusion, Judgment No. 1269 of 2024 represents a significant step forward in protecting the rights of suspects in criminal investigations. It reaffirms that the collection of evidence must be carried out in compliance with defense guarantees to ensure a fair and just trial. Legal professionals must therefore pay close attention to these provisions to avoid potentially relevant evidence being declared unusable due to procedural violations.