Prova vs. evidência
When translating the English legal concepts of evidence and proof into Portuguese, one must navigate a common false cognate. Generally, the English word evidence (materials submitted to a court) translates to prova in Portuguese. The Portuguese word evidência primarily means obviousness or clearness. However, influenced by English, evidência is increasingly used in Brazil to mean clues or physical traces found by police, while prova remains the definitive legal term in both Brazil and Portugal for facts established in a trial.
Prova
A2This is the most strictly legal term in both Brazil and Portugal. It refers to proof or conclusive evidence accepted by a judge to determine a verdict. It includes witness testimony, documents, and DNA results that confirm a fact.
A promotoria não tinha prova suficiente para condenar o réu.
(The prosecution did not have enough proof to convict the defendant.)
O contrato assinado serviu como prova documental no tribunal.
(The signed contract served as documentary evidence in court.)
Em Portugal, o ônus da prova cabe a quem faz a acusação.
(In Portugal, the burden of proof lies with the one making the accusation.)
A testemunha ocular foi a principal prova neste caso de homicídio.
(The eyewitness was the main evidence in this homicide case.)
Evidência
B2Historically, this means something obvious or patent that requires no demonstration. However, in modern contexts (especially in Brazil due to English influence), it is used to describe physical traces (forensics) or clues found at a crime scene before they become formal legal proof. In Portugal, usage leans toward the traditional meaning of obviousness, favoring the word indício for clue or circumstantial evidence.
Os peritos coletaram várias evidências na cena do crime.
(The experts collected several pieces of evidence (traces/clues) at the crime scene.)
É uma evidência que ele estava no escritório, pois todos o viram.
(It is an obvious fact that he was in the office, as everyone saw him.)
A polícia brasileira procura por qualquer evidência biológica no carro.
(The Brazilian police are looking for any biological evidence in the car.)
Havia evidências de arrombamento na porta dos fundos.
(There were signs (evidence) of a break-in at the back door.)
Summary
Use prova when referring to the legal material that proves a fact in court (the definitive proof). Use evidência when referring to something that is glaringly obvious, or, specifically in a Brazilian forensic context, to refer to physical clues or traces collected during an investigation before a trial.