Dissertação
Os desafios do uso das tecnologias de informação e comunicação no processo judicial: as respostas do constitucionalismo contemporâneo diante do processo eletrônico
Fecha
2016-03-28Registro en:
LANGNER, Ariane. The use of the challenges of information technology and communication in judicial process: the contemporary constitutionalism answers before the process electronic. 2016. 169 f. Dissertação (Mestrado em Direito) - Universidade Federal de Santa Maria, Santa Maria, 2016.
Autor
Langner, Ariane
Institución
Resumen
The recent insertion of the electronic process befalls wrapped in a series
of questions, since in relation to the more practical aspects of procedural routine to
the most sensitive issues, particularly in relation to the exponential use of the
technique, which requires a deep reflection. Alongside this context, it is notorious
double face of crisis, which is revealed in a model of the problem of law and the
philosophical and interpretive parameter, and, to some extent, prevents the
"happening" of decision theory of Constitutionalism Contemporary. This dissertation,
based on this situation, seek to answer the following question: to what extent the civil
process of electronic nature, to be conceived in the wake of new information and
communication technologies (TIC`s), puts at risk what has been She won in terms of
the theory of decidability, based on the Constitutionalism Contemporary
assumptions? Therefore, the "methodology" approach used is the "method"
phenomenological-hermeneutic and, as regards methods of procedure, monographic
and historical methods will be adopted. It is concluded that there are risks inherent in
the extensive use of technology, which, when used to promote the process of
virtualization, deepens the risk of a poor justice meaning, dematerialized,
destemporalizada and dehumanized, to strengthen and enhance the hallucinatory
search referring quantitative results in practice due to acceleration of pressing
technique. The big concern is imminent deepening the gap between factual world
(case) and legal world, exacerbating the difficulty of inserting the judge-interpreter in
the hermeneutic situation, substantially changing the hermeneutic circle and the
ontological difference. It remains, therefore, a long road still to be traveled in order to
speak of a real "happening" of Constitutionalism Contemporary decision theory and,
therefore, it is essential to discuss / prevent that put into question what has been
achieved.