THE NATIONAL JUDICIAL COUNCIL (CNJ) AND THE CREATION OF DIGITAL PROCEDURAL PLATFORMS (PJe): METHODOLOGY FOR COMPARED RESEARCH OF JUDICIAL EFFICIENCY

Authors

  • Fabricio Ricardo de Limas Tomio Federal University of Paraná – Brazil.
  • Ilton Norberto Robl Filho Federal University of Paraná and Passo Fundo University – Brazil.
  • Rafael dos Santos-Pinto Federal University of Paraná – Brazil.

DOI:

https://doi.org/10.5380/rfdufpr.v60i2.42005

Keywords:

Digital Access to the Judiciary. Digital Procedure. Empirical legal studies. Judicial Efficiency.

Abstract

The Brazilian federal constitution of 1988 affirmed the access to the judiciary as a fundamental right of the citizen. As national institutions at the time were considered to be too slow and inefficient for adequate and timely legal responses the judiciary arrived at the digital age with the goals of more ample access of the citizen to the courts and a more reasonable duration of the legal procedure. In the spirit of the constitutional mandate for a more accessible and faster judiciary a digital procedure law framework was created. The law determined the transition of the procedures of Brazilian courts from archaic masses of paper-based documents to digital databases that would encompass all legal decisions, party petitions and court acts. At first, the federal norms that instituted this framework though did not stipulate a centralized database or platform for the national judiciary. The profusion of several platforms with diverging degrees of implementation, access and efficiency was detrimental to the accessibility of the citizen and parties to the judiciary and thus violated the constitutional principles regarding the digital procedure. The National Council of Justice established in December 18th 2013 the obligation of all Brazilian Courts to use a specific centralized database (PJe). More recently a new national Civil Procedure Code was promulgated, bringing forth several new rules that regulate digital procedure and the digital procedure platforms. This paper aims to determine the methodological tools to analyze the Brazilian digital platforms in comparison with those of other countries and measure judicial efficiency.

Author Biographies

Fabricio Ricardo de Limas Tomio, Federal University of Paraná – Brazil.

Political Science PhD and Professor in Faculty of Law at Federal University of Paraná – Brazil.

Ilton Norberto Robl Filho, Federal University of Paraná and Passo Fundo University – Brazil.

Law PhD and Professor in Faculty of Law at Federal University of Paraná and Passo Fundo University – Brazil.

Rafael dos Santos-Pinto, Federal University of Paraná – Brazil.

Master and PhD candidate at Federal University of Paraná – Brazil.

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Published

2015-08-21

How to Cite

Tomio, F. R. de L., Robl Filho, I. N., & dos Santos-Pinto, R. (2015). THE NATIONAL JUDICIAL COUNCIL (CNJ) AND THE CREATION OF DIGITAL PROCEDURAL PLATFORMS (PJe): METHODOLOGY FOR COMPARED RESEARCH OF JUDICIAL EFFICIENCY. Revista Da Faculdade De Direito UFPR, 60(2), 97–114. https://doi.org/10.5380/rfdufpr.v60i2.42005

Issue

Vol. 60 No. 2 (2015)

Section

Artigos

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