A lei do processo eletrônico frente aos princípios constitucionais: deficiências e acertos

Abstract

The purpose of this study is to analyze the law of electronic process in the face of some principles in order to verify the extent of their applicability in the face of the new procedural system. The novelty of the work resides in the demonstration that the law in question was not edited considering the Brazilian reality, but only the one existing in the corridors of the Courts, as if the jurisdictional provision was only possible with the relief of shelves and reduction of time and acts and it was forgotten that its recipients would not only be magistrates and officials, but also the needy population and that it would reach the most remote regions possible, far from large urban centers and that, therefore, for its full effectiveness, the implementation of mechanisms, public policies would be necessary. able to promote the inclusion of the entire range of users, all to ensure the quality and efficiency of the Judiciary. To this end, some principles that came to safeguard law 11419/2006 were analyzed, considering their adequacy in view of the new procedural system, thus referring to the principle of publicity, essence of the electronic process, in opposition to the limitation of intimacy and privacy; the principle of integrality of forms and deformation; equality and access to the judiciary in the face of the population's difficulties and the principles of procedural economy and speed in the face of the progress that the legal diploma has brought us, demonstrating in the end that despite being a recently enacted law, it already entails changes.