Análise crítica do processo eletrônico sob a ótica do direito fundamental ao processo justo : a transição do processo físico para o processo eletrônico e os impactos em relação à divisão de tarefas entre as partes e o estado-juiz no âmbito do direito processual civil, com respeito ao direito fundamental das partes ao processo justo

Abstract

This apresentation of civil procedure intends to rescue the current state of transition from the physical court case to the virtual judicial process, discussing it critically in the light of the fundamental right of the litigating parties to the fair process, where legal certainty acts as an important element for a qualified process. It focus on the existence of a gradual transition towards the totally of virtual processes in Brazil, and a theoretical-dogmatic model for the application of process rules should be built on this new platform – the unification of the countless electronic process systems that exist today must also be built. The referred transition is not as simple and natural as it may seem to some. It is necessary to rethink, within the scope of the virtual process, the concretization of some decisive procedural principles, especially those linked to the fair process. The apresentation proposes the defense of ample spaces for movement (regular and anomalous) of the parties (“breather spaces”), along the electronic procedure and the right of the jurisdictions to obtain qualified jurisdiction through a reasoned interlocutory decision, held on the issue brought to the confrontation by the judge. To obtain this legitimacy of the electronic process, the tasks between the parties and the judge should be well delimited, so that the demand does not run in a frenetic fordist model, often adrift amid Artificial Intelligence mechanisms, but with safe and specialized moviments to be conducted by the judge, and duly monitored by the jurisdictional litigants at each procedural stage. The fair process construction model in the scope of the electronic process does not deny the importance of technological advances (in AI, software, algorithms, synchronous events over the web), but requires synergy between man and machine, in order to obtain full and adequate jurisdictional protection in the virtual environment.