Julgamento colegiado e as novas tecnologias: uma análise da qualidade/integridade da decisão colegiada proferida virtualmente

Abstract

This paper proposes a theoretical framework as the insertion of new technologies in the procedural system for performing virtual collegiate trials in appellate proceedings, starting from the idea that the judges, in view of the implementation of new technologies, no longer would need to meet in person for the trial of the suit. Starting from this premise, it is questionable whether such a tool does not remove the judges of the case and even the ideal that should permeate the construction of a collegial decision as the judges would not discuss such a decision and build it jointly. In this work the theoretical array (" method" approach ) will be adopted phenomenological hermeneutic, which is a "leave to see" phenomenon essential for the unveiling, so that you can understand the civil procedural law, veiled by dogma which lead an inauthentic tradition. The "methods" of procedure adopted will be the monographic and history. It was found that the civil case is unable to adapt to new models of judgment, as it is stuck in a paradigm that did not follow the successive transformations to liberal social movements that culminated in the French Revolution. Thus, given the lack of a constitutional theory (and a decision theory) able to adequately protect the rights arising from modernity, is bet - judicial role in which to solve all pending issues that the existing system was not able to do it. On the face of it you could say that there are no more joint decisions rather solipsistic various decisions given by each judge separately. The way has been giving the construction of the decision upon appeal today is reflected in a "score", where the theory with the most "votes" remains successful. This occurs both in the decisions produced in the same physical space ( in the "old" model) , as produced in the virtual environment, while in the latter the situation worsens. The decision to be given in any trial, whether or not a collective, must be based on assumptions that are consistent with the ideals of coherence andintegrity of the law, and the judgment of the innovation system by modernizing the judiciary should not serve to ward off such premises.