Preâmbulo à 10.ª edição
| Autor | Manoel Antonio Teixeira Filho |
| Páginas | 19-19 |
Page 19
Nesta edição, incluímos comentários sobre o uso de mensagens eletrônicas — especialmente, de e-mails — como meio de prova em juízo.
Embora, para esse estudo, tenhamos levado em consideração, fundamentalmente, o e-mail impresso, não deixamos de dedicar alguma atenção ao e-mail não impresso, ou seja, existente apenas no banco de dados.
Conquanto o inciso V, do art. 365, do CPC, declare que os extratos digitais de bancos de dados fazem a mesma prova dos originais — desde que atestado por seu emitente —, procuramos alertar para a vulnerabilidade das mensagens eletrônicas, uma vez que podem ser capturadas e ter os seus dados alterados por terceiros.
Idealmente, é desejável que norma legal venha a disciplinar, com minúcias, o uso do e-mail como meio de prova judicial, levando em conta as suas marcantes particularidades, além de impor a sua validade, por exemplo, à existência de...
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