In this context, initiatives to use technology to improve the national justice system should be highlighted, always with respect to the constitutional guarantees of the process.
In February 2020, the Federal Senate approved the Bill of Law (PL) No. 1,679 / 2019, which follows for sanction by the Presidency of the Republic, considering that the wording approved in the Chamber of Deputies has not changed. The PL modifies the wording of Law No. 9,099 / 95, expressly providing for the possibility of non-face-to-face reconciliation, with the use of technological resources, which provide the real-time transmission of sounds and images in the Special Courts.
The text of the PL modifies articles 22 and 23, inserted in the chapter on conciliation and arbitration, of the Law of Special Courts, stipulating that the procedure carried out by a judge or a layman or by a conciliator under his guidance may be carried out remotely, with the obligation for the result of the conciliation attempt to be transcribed together with the relevant annexes, including beside the hypothesis that the Judge togado pronounces a sentence due to the defendant’s non-appearance, that of refusal to participate in the conciliation attempt.
In the opinion of Senator Alessandro Vieira, who gave his opinion for the approval of the PL, within the scope of the Constitution and Justice Committee, the proposal was classified as “a healthy measure that will have the ability to speed up the procedure of those courts, harmonizing perfectly to the efficiency expected from the Judiciary, in addition to encouraging the adoption of consensual dispute resolution mechanisms that avoid or mitigate the typical disagreements of a judicial process ”, in the sense of the provisions of the Civil Procedure Code (art. 334, § 7).
In this context, initiatives to use technology to improve the national justice system should be highlighted, always with respect to the constitutional guarantees of the process, information security, respect for privacy and the protection of personal data, thus focusing on the benefits that the normative change can provide to the speed and self-composition of conflicts within the scope of the Special Courts System.
By: Wilson Sales Belchior
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