A manutenção dos princípios do devido processo legal, do contraditório, do duplo grau de jurisdição e do acesso à justiça, no processo civil, com a informatização processual | 2011

Author(s) António Cesar da Silveira Neto
Advisor(s) Wladimir Brito
Year 2011

Synopsis The implementation of a computerized judicial proceeding generated various changes concerning the development of activities connected to the judicial proceeding. It also offered many benefits to the development of the law suit in court. The changes that took place reflected on the Law principles responsible of guiding the law actions through their legal procedure in court. Despite these innovative measures on the legal process, these principles must still be observed due to their intrinsic nature to the Law suit. The present study analyses the Law principles applied to the Procedural Law that are most affected with the computerization of the judicial proceeding. These principles are the principles of the due process of the law, of the adversary system, of the double degree of jurisdiction and of the access to justice. The analyses made here is theoretical and thus many books, articles and applied legislation were researched. This literature is from many authors widely recognized throughout the Law community with well supported ideas. With all this material it is possible to make a critical analysis about the maintenance of each of the Law principles studied despite the technological innovations incorporated to the judicial proceeding. Besides the mentioned principles, it was also studied the themes that revolve the computer Law and the legal informatics. Both subjects were differentiated and their objects of study characterized. Considering these subjects separated it was able to determine the future intentions of technological development to be applied on the judicial proceeding. The relevant conclusions obtained from this study show that the benefits brought by the computerization of the judicial proceeding may be widened with a proper analysis that confront this technological measure with the judicial principles. This maximization is yet to be experienced due to the lack of systematic and specific works about the computerization of the judicial proceeding. This lack of studies leads to a non precision specifically on the use of technological terms. Concerning the main idea of this present study, it was possible to draw the conclusion that the computerization of the judicial proceeding is not conflicting with the principles analysed here. However, it was possible to perceive that technological innovations that are in development can easily change this picture.

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