O processo eletrônico frente às novas perspectivas do Direito Processual Civil brasileiro.

Abstract

The man's social life has always passed for transformations that changed his own "comportment" and his social life. The technologic development was the motor force that stimulated the life of the contemporary man since the Steam machine until nowadays with the data processing advances and the internet access. The Democrat Estate of Law and especially the Judiciary Power, didn't stay out of this development, they walk together with the society in this new journey of interpersonal relations witch level of computerization can be noticed in the present. The Judiciary Power always alert in technics' advances see a new way for the justice access by the informatics ways like a mold of improve yours services and expand the access for who need the most a real adjudication. A computerized legal proceedings affects directly the procedural relation, seeing that adaptations should be make, although the electronic process can keep the principles and guarantees of the traditional civil process respecting the principle of the due process. The electronic lawsuit (process judicial) runs to reduce the bureaucracy eliminating unnecessary steps and increasing the principle of the reasonable duration of the process. The publicity principle can be found in the electronic process in the visualization of the procedural acts through the internet, except in the cases of justice secrets. The contradictory principle and full defense has to be preserved, because the lawyers can petition through the informatics systems, although, is necessary that the informatics systems development theirselfs preserving the documental truth and the jurisdictional security of the electronic signatures that has to be availed by the ICP-Brazil. In Brazil, the transition to the digital universe in the civil process can already be seen through the attachment on line, mechanism used by the judge that blocking the valor deposited in the financial institution by the debtor with the object of satisfy the credit for the creditor. The CNJ has been development software called PJe with the object of computerize the process making a challenger for the new Brazilian procedural reality. The environment thanks for the sustainability of the computerized procedure, as the global economic of materials impact favorably for the society's development. The Law 11.419/2006 it's a prelude to the electronic legal proceedings and regulates the issues of the electronic process like digital signature and the communication of the judicial acts by the electronic way. The draft for a New Process Civil Code approved by the Federal Senate adapting to the new procedural reality brings news devices with the propose to regulate the practice of the procedural acts through the electronic way.