CNJ recommends recording all hearings and procedural acts in the Judiciary
The Plenary of the National Council of Justice (CNJ) unanimously approved the edition of a normative act addressed to all Brazilian Courts regarding the adoption of measures that encourage the practice of recording hearings and procedural acts. The following wording was then established: “to recommend to Brazilian courts the recording of procedural acts, whether in person or virtual, with a view to leveraging the effectiveness of judicial procedures, through the improvement of governance, infrastructure, management and use structures cyber procedures ”.
The proposal of Process nº 0000670-33.2021.2.00.0000 that gave rise to the approval of the normative act was formulated by the Sectional Council of the OAB of Santa Cantarina, in November 2020. It turned to the possibility of recording in image and audio, in digital medium or analogical, of all procedural acts practiced in the Judiciary, ensuring quick access for the parties, lawyers and judging bodies, as well as respect for the constitutional guarantees of the process.
The Rapporteur Counselor Flávia Pessoa highlighted in her vote that the edition of a normative act, in the form of a recommendation addressed to all Brazilian Courts, with such content is in line with the objective of improving the jurisdictional provision in accordance with the principles of speed and procedural effectiveness .
In this sense, it was considered the publicity of procedural acts; the possibility conferred by the civil procedural law of full recording of hearings, regardless of judicial authorization; CNJ regulation on this topic; and the existence of sufficient technological resources to make procedural acts and other activities via electronic means feasible.
The CNJ allowed the Courts to adopt the “PJe Mídia”, a national repository that manages digital documents of judicial proceedings in progress and of CNJ administrative processes. The solution allows, among other features, audiovisual recording and indexing of events that took place at the hearings, together with the publication of audiovisual documents in a single portal.
Wilson Sales Belchior