*Report published on Yearbook of Justice Brazil 2022, released on June 30 on TV ConJur. The publication is available for free in the online version (click here to read) and on sale at Livraria ConJur, in its printed version (click here to buy)
The biggest challenge for Minister Luiz Fux in the Presidency of the National Council of Justice was to find solutions so that, at the height of the covid-19 epidemic, Justice would not fail to serve the population.
Technology was a great ally and several measures were taken in this direction. “There could be no greater crisis situation than the one represented by the covid-19 epidemic, which demanded from the National Council of Justice, as the central body of management and strategic planning of the Judiciary, a surgical and paradigmatic action, in the normative and executive plans. , to ensure, in coordination with all the courts in the country, that there was no interruption in the jurisdictional provision”, said Fux, in a message from the Annual Report 2021 of the CNJ.
The Virtual Counter was one of the main solutions created for the lack of communication between courts, lawyers and parties. CNJ Resolution 372/2021 determined that each court should offer a videoconferencing tool that allows immediate contact with the service sector of each judicial unit. The CNJ also recommended that Brazilian courts make available, in their physical units, at least one server working in person to serve the digitally excluded – those who do not have access to the internet or other means of communication.
There was also the creation of the Justice 4.0 Program – Innovation, to think of ways to expand access to Justice with the use of technology. Within the program, the Digital Platform of the Judiciary (PDPJ) stands out, which brings advances to the electronic judicial process, allowing the cloud storage of systems, modules and services for collaborative use by the Justice bodies.
Among other initiatives in the technology area are the Sinapses platform, which integrates the PDPJ, which manages and stores artificial intelligence models; the Codex, which indexes and centralizes process information, thus offering the textual content of documents and structured data; and the 4.0 Justice Centers, which allow judges to work remotely and provide fully digital services.
Fux highlighted that his management is also marked by the fully electronic and remote processing of cases “with judges accessible to all jurisdictions, without the need for a physical structure to support them”. According to the report Justice in Numbers 2021only 3% of new cases physically entered the Brazilian court in 2020. 21.8 million new electronic cases were filed, the highest amount ever recorded in the historical series.
According to the report, the first degree had a higher rate of electronic processes than the second degree: 97.5% in the first instance and 95.3% in the second instance. “Let us remember that technology, despite its relevance and indispensability, is only an instrument for the realization of a purpose, and not an end in itself”, warned Fux in his report.
At a time when complaints of domestic violence against women have exploded, the council approved a recommendation to all judges with competence to apply Law 11.340/2006 (Law against Domestic Violence) to give priority to the immediate seizure of a firearm. in possession of the aggressor, with home and personal search. And the immediate application of an urgent protective measure to suspend or restrict the carrying of weapons.
“In order to achieve the purposes set out in the previous article, the bodies of the Judiciary shall, while preserving the impartiality and functional independence of the magistrate and the magistrate, promote operational integration with the Public Ministry and with the areas of public security, notably to ensure maximum speed in complying with the provisions of article 12, VI-A, of Law 11,340/2006”, says Recommendation 115, of October 27, 2021.
In May 2021, the council approved procedures and guidelines to be observed by the Judiciary in the recognition of the right to remission of sentence through social educational practices in deprivation of liberty units. School activities, non-school educational social practices and reading of literary works will be taken into account for the granting of the benefit. According to the CNJ, there was a need to move forward in relation to Resolution 44/2013, which already established the possibility of redeeming the sentence for reading and studying, and not just for work.
“The resolution will provide greater clarity as to the mechanisms for offering educational social practices, their scope and scope and the attributions of magistrates in the recognition and granting of punishment, promotion and guarantee of the right to education, culture, sport, leisure, reading and other learning strategies”, according to the CNJ’s Jurisprudence Report 14.
In 2021, the CNJ expanded a partnership with the United Nations Development Program (UNDP), with support from the Ministry of Justice and Public Security, with the launch of the Making Justice Program, which has 28 initiatives that intervene in different areas of the penal and socio-educational cycle. Among them, the modernization and expansion of the use of the Unified Electronic Execution System (SEEU), in which new versions of the system were launched, to give greater security and agility to the criminal execution protocols. By 2022, 26 Courts of Justice across the country have already agreed on new goals and actions.
In addition, in partnership with the Superior Electoral Court, a permanent structure for civil identification and issuance of documents for those incarcerated was created. According to Minister Fux’s one-year management report, “all courts operating in Criminal Justice are receiving kits of biometrics, which allow the issuance of basic documents and facilitate access to social programs, courses, professional and work activities and the exercise of citizenship”. About 80% of people arrested (almost 600,000) do not have documents in their medical records.
In 2022, within the scope of the Electoral Justice, the CNJ promoted an update of the unified procedural tables, with the creation of new classes, subjects and movements, with the objective of improving the monitoring of the 2022 elections. Presidency of the CNJ and supervisor of the Department of Judicial Research of the CNJ, Ana Lúcia Aguiar, the updates will expand the possibilities of analyzing the records of electoral demands and enable the development of more reliable studies on the entire electoral process.
The CNJ also instituted the National Bank of Precedents (BNP) for consultation and disclosure of precedents, by bodies and the general public, with emphasis on judicial pronouncements listed in article 927 of the Civil Procedure Code at all procedural stages. For President Luiz Fux, rapporteur of the case, the approval of the normative act contributes to the improvement of Brazilian Justice, given the need to strengthen precedents and increase the adhesion of judges, in order to avoid the legal uncertainty generated by disparate decisions in similar cases.
In August 2021, the CNJ launched SireneJud, a dashboard that allows you to view data on environmental violations. The tool, which uses the database of public and private agencies, helps in the verification and control of pollution and deforestation of forests, illegal mining and illegal land use, among other environmental crimes provided for by law.
“SireneJud has almost a million lawsuits that deal with environmental issues [considerando os feitos julgados e em tramitação]a fact that represents a historic milestone in the advances of the Judiciary in the innovative construction of an open data public policy”, highlighted Fux during the 4th Meeting of the Observatory of the Environment.
Between August 2021 and May 2022, the composition of the CNJ underwent 10 changes. In June 2022, the Plenary of the Senate approved the name of the prosecutor João Paulo Santos Schoucair for the vacancy of the State Public Ministry. Appointed by the Attorney General of the Republic, Augusto Aras, he is a member of the MP of Bahia and, since 2018, was an auxiliary member of the PGR.
Click here to watch the launch of the Yearbook of Justice Brazil 2022
Yearbook of Justice Brazil 2022
Number of pages: 288
Printed version: R$ 40, exclusively at Livraria ConJur (click here)
Digital version: access it for free on the website http://anuario.conjur.com.br and on the app Justice Yearbook
Announced in this issue
FAAP – Armando Alvares Penteado Foundation
Fernanda Hernandez Advocacy
Alexandre K. Jobim Advogados Associados
Antun Advogados Associados
Arruda Alvim & Thereza Alvim Advocacy and Legal Consulting
Ayres Britto Legal Consulting and Advocacy
Bottini & Tamasauskas Advogados
CESA – Center for the Study of Law Firms
Cléa Corrêa Advogados Associados
Federal Council of the Brazilian Bar Association
Cury & Cury Law Firm
Dannemann Siemsen Lawyers
David Rechulski Advogados
Décio Freire Advogados
Dias de Souza Advogados
Duarte Garcia, Serra Netto e Terra Advogados
D’Urso & Borges Associate Lawyers
Ernesto Tzirulnik Advocacia
Sources Tarso Ribeiro Advogados
Gomes Coelho & Bordin Law Firm
Kincaid | Mendes Vianna Associate Lawyers
Machado Meyer Advogados
Marcus Vinicius Furtado Coêlho Advocacia
Mendes e Nagib Advogados
Moraes Pitombo Advogados
Nery Law Firm
Original 123 Press Office
Sergio Bermudes Advogados
SOB – Sacramone, Orleans and Bragança Advogados
Técio Lins e Silva, Ilídio Moura & Advogados Associados
Thomaz Bastos, Waisberg, Kurzweil Advogados
Tojal Renault Advogados Associados
Walter Moura Associated Lawyers