Uma visão panorâmica da Lei 11.419/2006 e sua efetividade no processo judicial.

Abstract

The desire for an efficient judicial provision reflects the historical legacy of achievements, especially since the second half of the twentieth century, which were positivadas homeland in the constitutional text, with the State of Democratic Rights. However, this legacy has not received an answer in a satisfactory manner in which the power atine court, before the volume of demands and the length of the Judiciary, which generates discredit the powers set and causes an obstacle to the achievement of social peace. In order to overcome such disabilities, in recent years, have been taking substantial initiatives in the provision of treatment court, claiming legal framework as the Constitutional Amendment No 45/2004, entitled to reform the Judiciary. This amendment instigated and triggered a range of reforms in procedural law, under the aegis of the fundamental rights of reasonable duration of the process and access to justice. In this context, as another alternative to help the attainment of Justice, breaks out in Law No. 11,419 / 2006, called Law of Computerisation of Procedure (LIP), with the aim of integrating, finally, the judicial process to information technology, which implies the gradual transmudacao the traditional way (paper) to electronic form. In that perspective is that if subsume this kind of academic scientific work, with the main aim achieving a panoramic view of Law 11,419 / 2006 and demonstrate its effectiveness to provide court and highlight the practical aspects of computerization of procedural acts, identifying the new technological mechanisms aimed at optimizing the practice of procedural acts and access to justice, and discover the potential benefits and weaknesses of the implementation of virtual process. This research has the chance to design for the optimization of operational means, through the use of information technology and the global network of computers has condao of desburocratizar practices and procedures to increase the accessibility and efficiency of justice. This juncture enseja problematization the following: What is the extent of computerisation of the judicial process in the effectiveness of the court? As if making the applicability of electronic media in the judicial process? The first chapter will present the historical precedents and constitutional principles, starting from an assessment of the evolutionary and constitutional law. In continuous act, adds the second chapter principiologicos and instrumental aspects of the process, since the heads of the points that gave the gradual admission of technological resources in the judicial process. Following the third chapter deals with the computerization of judicial proceedings according to Law No. 11.419/2006, where they will examine the management of electronic documents and the technological apparatus that gives supedaneo to electronic processing. The fourth chapter describes applicability and effectiveness of the Electronic Case, after the advent of LIP, this will be done an investigation of pragmatic virtualization procedural, examining their ability to have effects in the judicial process. To achieve the research undertaken, the methods employed to: bibliographic, dialectic, and historical and legal exegetico. It is intended as a result of this study noted the potential benefits and weaknesses of the implementation of virtual process.