O julgamento colegiado em ambiente eletrônico nos tribunais brasileiros: análise sistemática e propostas de uniformização e aprimoramento à luz dos princípios processuais

Abstract

The object of the present work is an analysis of the current normative acts that regulate the judgment in an electronic environment - including the virtual hearing sessions and the hearing session by videoconference -, edited by jurisdictional bodies that compose the Judiciary Branch, under the Common Justice, (Supreme Court, Superior Court of Justice, Federal District Courts and State Courts) and by the National Council of Justice (CNJ). Therefore, a first theoretical part was elaborated on the procedural principles that apply to the judgment of cases by the courts; the second part presents the results of the research carried out and the third part, with a propositional nature, presents proposals for the improvement and uniformization of these regulations. The following aspects were analyzed: (i) applicable cases; (ii) priorities; (iii) term for publishing the list of cases; (iv) regarding the virtual hearings, the duration of the hearing; (v) possibility of presenting written summary briefs; (vi) objection to the modality of judgment; (vii) possibility of presenting oral arguments; (viii) feasibility of providing clarification on the matter of fact during the hearing; (ix) regarding the virtual hearings, the procedure for registering an impediment or suspicion; (x) procedure in case of request for examination of the case records; (xi) technique of expansion of the panel, in case of application of art. 942 of the Civil Procedure Code; (xiii) registration of the position of the judge who did not vote online; (xv) disclosure of results. Regarding the videoconference hearings, it was also observed whether the normative acts provided guidelines in case of instability in the connection of judges or lawyers. In general, the results showed the need to (a) standardization of the provisions in several aspects, which differ in terms of regulation and application by the courts; (b) regulation of issues, about which some normative acts are silent. Furthermore, some provisions were found that could have a better solution. Considering these results, the last chapter comprises suggestions for the standardization and adequacy of regulatory norms on judgments in an electronic environment, in order to fully observe the efficiency of the jurisdictional provision and the procedural principles applicable to judgments in the courts.