A implementação do processo digital brasileiro e o princípio da razoabilidade.

Abstract

The current conjectures indicate clearly that the society passes for a new age marked for the rapidity, increasing automation and computerization, are testified, therefore the experience of the digital age. The end of century XX and the beginning of century XXI have been marked for an unknown search, on the part of the population, for the jurisdictional rendering. It occurs not only for the increase population, but as also reflects of the revolution of the information that has managed the current generation human being, each time more informed concerning the norms that conduct the society. The Judiciary Power, in turn, has not obtained, nor of far, to give reply to this demand. The delay in the judgment of the causes has become a bother for a society that is accustomed to the speed of the information and immediate solutions. In order to supply such demand are used futile attempts, as accumulated of reforms to the procedural law, that exactly thus do not cheat the wished success. Then, the focus of this reform is questioned, if it would have to be inserted only into the legal formalism as currently it occurs, or if perhaps it makes necessary a structural reform that involve organization elements, logistic, adoption of technological apparatus and, certainly a change in the mentality conservative of the operators of the right. In this context the implantation of the digital procedural file of legal documents, or computerization of the process as some people call, is presented as more one of the alternatives that succors the procedural celerity. In this perspective is that the present work of scientific nature is inserted, whose primordial objective is to investigate the digital process under the optics of the procedural celerity, as possible influencer of a fundamental right. It is intended as resulted of the research to discover ways for the real effectuation of the reasonability principle in art. 5th, to discover of the possible benefits and fragilities of the total implementation of a digital process, to establish criterions for judiciary rapid and more accessible, beyond acquisition information concerning to informatics process and practical applications of this in Brazilian justice. To the achievement of the research it had revealed the appropriate methods: bibliographical, exegetic, historic -evolutional and the comparative study of the legislation. Can be concluded, as inevitable, the implantation of the electronic process, front to the torrent of supports and favorable conjectures that at present approaches. It's concluded, therefore mainly that the digital process is skillful way to assure the reasonability principle inserted in the Magna Letter and its implantation as seen is inevitable, therefore there's the necessity of in the academy going deep research in the scope of the digital right and legal computer science, also stimulating to salutary interdisciplinarity with, for example, the computer science, also having necessity of adaptation of the operators of the right the new structure that this for coming. It's also perceived, that the guarantee to the procedural reasonability also is measured that assures structural elements of the democratic State, making, therefore, the good jurisdictional provisions part of the essence of the State, being the bad installment maybe, propeller of a crisis without precedents in the organization of the State, and, therefore still more urgent becomes the coming of the digital process as defender of the procedural celerity / effectuation that promises to be.