CNJ approves normative act that authorizes “100% Digital Judgment”

Until recently, the eventuality and acceptance of the technological transformation of law were still being discussed

On October 6, 2020, the Plenary of the National Council of Justice unanimously approved the normative act that authorizes the implementation by the Brazilian courts of the “100% digital Judgment”. In the program, all procedural acts will be performed exclusively by electronic and remote means, including hearings and sessions that will take place only by videoconference and remote attendance during forensic business hours from telephone, e-mail, video calls, applications or others means of communication defined by the Court.

If the eventuality and acceptance of the technological transformation of law were still being discussed not so long ago, today it is no longer a question of condition, however of when its full consolidation will occur. The vote of Minister Luiz Fux, president of CNJ, in Case No. 0007913-62.2020.2.00.0000 that approved the normative act on the “100% digital Judgment” is, in this sense, clairvoyant.

The vote describes the “Digital Revolution of the Brazilian Judiciary”, a movement that arises in the midst of “burial of the analogue era and the resplendence of the digital era, in which big data becomes the main source of production of public data” , noting that “technological innovations will enter the scene for the revolutionary transformation of jurisdictional provision” in a trajectory aimed at “broad, unrestricted and real-time access to digital justice for all Brazilians”, as strategic vectors such as “governance, efficiency , technological innovation and transparency […] drive the diversification of the way of thinking and doing justice in Brazil ”.

It should be noted that the “100% digital Judgment” is optional. The plaintiff, at the moment of distribution of the action, may make this option, while the requested party has the possibility to oppose until the contestation protocol. Between that moment and the delivery of the sentence, the parties will still be able to retract only once the choice for the “100% digital Judgment”, what will not give rise to the change of the natural judgment of the fact. The parties may also request the court to participate in the hearing by videoconference in a room provided by the Judiciary. In addition, when filing the claim, the party and its attorney must provide an electronic address and a mobile cellular telephone line, allowing summons, notification and subpoena by any electronic means.

In order to verify the fulfillment of the objectives of broad access to justice, speed and efficiency of the jurisdictional provision and digital transformation, the Courts that implement the “100% digital Judgment” must monitor their results through indicators of productivity and speed reported by the CNJ, being the program evaluated after the first year of implementation, and on that occasion, the Court may choose to maintain, discontinue or expand it, communicating the result of the decision to the CNJ.

By: Wilson Sales Belchior