A eficácia da LEI N° 11.419/06 e o sistema e-jus no âmbito dos juizados especiais cíveis de Sousa-PB, na ampliação ao acesso á justiça.

Abstract

Power crossing decades and staying at the present time, contemplating in the inaccessibility to the justice for many. The legislator in the search for solutions, and basing on the good happened experience in the State of Rio Grande do Sul, in which the Tribunals of Small Causes were created, they are created under the aegis of the Law 9.099/95, Civil Special Court, becoming this a mark in the Brazilian Procedural Right, have seen it peculiar procedure, it provides a justice unbureacratic, aiming at this way an enlargement to the access to the justice, position that its competence allows the part to have capacity own petitioner, since the cause however be not superior to twenty effective minimum wages in the country, what includes the actions that, for his/her small value, they would leave of being petitioned given the bureaucracy of the Common Justice, in the which would be necessary a lawyer's expenditure to promote the demand. With passing of the decades and the crescent technological progress which he/she witnesses the current society, then one it is had more attempt of loosening the Judiciary Power, turning faster, dynamic and, consequently, more efficient, it was sanctioned the Law n. then. 11.4190/06, that it disciplines the compurized of the lawsuit, with the creation of the virtual solemnities. Referred her law drew the implantation program of the lawsuit to be used in the justice civilian, penal and labor, as well as in Special Court, in any jurisdiction degree. However, the implantation of the and-right, as it is called it referred electronic system, its makes to appear some questions about its effectiveness, in what he/she refers among other points to the enlargement of the access to the justice, front to the social problem of the digital exclusion. Raising the following oral tests: it will be that the system and-right, reaches the objective in the efficiency of the installment juridical enlarging the access to the justice, or owed the particularity of its system that is the use of the internet exactly, it results in the increase of the distance between the Judiciary Power and the citizen, above all, of the less favored layers economically, exactly where it ponders the problem of the digital exclusion. To the attainment of the research they were shown appropriate the methods: the historical-evolutionary method, with the intention of drawing the path of the access right to the justice; of the exegesis juridical method, so that the analysis of the Law no proceeded. 11.419/06, even of the bibliographical method, with the mark of doing an explanation on Courts, in all its path as organ of the Judiciary, and the deductive method, for the analysis of the impact of the application of the electronic process in the extent of Civil Special of the District of Sousa-PB. Being concluded the research, with base in data obtained the general office of Courts close to, it is noticed that there was not reduction in the number of demands. In spite of finding the system in adaptation phase, what evidences an enlargement of the referred access with the consolidation of the andright, showing clearly, the non restriction of the access to the justice. Not should be the social problem reason for retreat.