Processo judicial eletrônico e o devido processo legal na legislação brasileira.

Abstract

This thesis has as main object the analysis of the legal proceedings electronics in accordance with the principles of due process. The theme will be developed in line of research principiologic science research about the legal procedure and constitutional law in the area of concentration of the foundations of law. It is shown in chapters that follow that you can use the electronic processing of documents for evidence. Demonstrating that these documents and have total confidence that through the Infrastructure Public Key Brazilian (ICP-Brazil), and other security methods, we can confirm and guarantee the security of electronic documents without having injured a right to privacy. This paper is divided into three chapters. In the first chapter addresses itself to conceptualization of the principles of due process, in order to contextualize the issue and demonstrate the importance of this "super" principle in which others are closely linked. In the second chapter are analyzed the evolution of computing, especially in the area of Internet, electronic document and its ability to replace the traditional document, without losing the guarantees of authenticity and integrity. In the third chapter is analyzed the evolution of the legislative process until the advent of electronic Law 11,419, 19.12.2006 and the adequacy of the electronic process to procedural and constitutional principles of due process. This is an attempt, through bibliographic searches, doctrine, jurisprudence and the Internet, demonstrate the complete legality of the judicial process electronic and promises that it envisions to be a swift and fair justice.