Processo eletrônico e novo CPC: reflexões sobre o Processo Civil no meio digital

Abstract

The present reasearch proposes to make an analysis of the electronic process in the current Brazilian legal system, as well as the devices brought by the new Civil Procedure Code that referred to this type of process. The subject under study is of great relevance at present, since it is related to the internet and with a new procedural form, being concerned with observing how the information society deals with this new type of technology and how it can be applied for procedural benefit for the parties to the dispute. The issue raised is part of how the electronic process can help to alleviate the very high number of lawsuits that are currently being processed in the Judiciary, through the promotion of constitutional mandates, and to ensure greater procedural effectiveness. It is studied, then, the principles that are somehow directly linked to the electronic process, namely, the due process of law; the one of the ample defense; access to justice; advertising; the reasonable duration of the process and equality, seeking to explain how these guarantees can be benefited by the electronic process. In the end, some criticisms are made of the adoption of the electronic process as the only solver of delays in Brazilian courts. In this way, the objective is to analyze the electronic process in the new Civil Procedure Code and its relationship with modernity, considering its effects within the Brazilian legal system. To achieve this goal, the work is based on hypothetical-deductive and dialectical methods, as well as documental, electronic and bibliographical resources.