Electronic Justice in Brazil

Electronic Justice in Brazil

Roberto Fragale Filho (Universidade Federal Fluminense, Brazil) and Alexandre Veronese (Universidade Federal Fluminense, Brazil)
DOI: 10.4018/978-1-59904-998-4.ch009
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It has become commonplace to talk about a silent revolution in the Brazilian Judiciary for which the widespread use of ICT has been of great impact. In this chapter, we examine how ICT made its way through and is shaping the future of the Brazilian Judiciary. The first part is dedicated to a brief description of the Brazilian judicial system. The second part is divided in three different moments, always related to the use of ICT in the courts. Initially, we exam the earlier experiences, mostly related to electoral matters. Then, we investigate the debate over the national PKI system and electronic process statutes. Finally, we take a look at different ICT initiatives, focusing especially on labor courts. In the final part, we draw some conclusions, trying to sketch a future agenda of research and listing some references for those willing to go further on the matter.
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The Brazilian Justice System: A Brief Description

Brazil is a federative republic with three different levels of government: the union, the states, and the municipalities. The judicial branch, although composed of federal and states’ courts, form a national system on its own. As a matter of fact, the Supremo Tribunal Federal (Federal Supreme Tribunal), after a few constitutional direct class actions, has consolidated its position: the autonomy of the different Brazilian courts does not eliminate their insertion in a national judicial system, which is split between a federal branch and a pulverized state system. The former is divided in five regions, each one with a federal regional tribunal (appellate courts) at its top. These tribunals are also responsible in their regions for the organization of the different federal judiciary sections, which constitute the first level of jurisdiction. There are, also, other federal structures related to labor, military and electoral courts, which are organized in a similar way to the federal regional tribunals. Nonetheless, the existence of a national appellate court to each specialized theme—the Tribunal Superior Eleitoral (Superior Electoral Tribunal) for electoral matters, the Tribunal Superior do Trabalho (Superior Labor Tribunal) for labor subjects and the Superior Tribunal Militar (Superior Military Tribunal) for military issues—is a peculiarity of the specialized branch of the federal judicial system.

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Table of Contents
Agustí Cerrillo i Martínez, Pere Fabra i Abat
Chapter 1
Marco Fabri
The European Union (EU) is an extraordinary laboratory of innovation and change, particularly in the justice sector. The diversity of environments... Sample PDF
The Italian Style of E-Justice in a Comparative Perspective
Chapter 2
Davide Carnevali
In spite of the technological, economic, and normative efforts, all democratic countries are developing electronic filing (e-filing) in the justice... Sample PDF
E-Justice and Policies for Risk Management
Chapter 3
Marta Poblet, Joan-Josep Vallbé, Núria Casellas, Pompeu Casanovas
Judicial culture generally refers to the set of values, cognitive skills, and practical knowledge of members of the judiciary. In this chapter, we... Sample PDF
Judges as IT Users: The Iuriservice Example
Chapter 4
James E. McMillan
Automated court case management systems present opportunities to develop processes and procedures that can battle corruption. This chapter provides... Sample PDF
The Potential of Computerized Court Case Management to Battle Judicial Corruption
Chapter 5
Michael Adler, Paul Henman
This chapter considers the implications of computerisation for procedural justice in social security. It outlines an approach to the analysis of... Sample PDF
Justice Beyond the Courts: The Implications of Computerisation for Procedural Justice in Social Security
Chapter 6
Melissa H. Conley Tyler
Every community—whether physical or virtual will inevitably experience conflict. New ways of interacting through information and communication... Sample PDF
Online Dispute Resolution
Chapter 7
E-Justice in Spain  (pages 98-116)
Agustí Cerrillo I Martínez
Administration of justice is adding information and communication technologies in its internal operations and its relations both with judicial... Sample PDF
E-Justice in Spain
Chapter 8
Francesco Contini, Antonio Cordella
The Italian judiciary is characterised by a weak system of governance, consequence of institutional and cultural factors. In this framework, the... Sample PDF
Italian Justice System and ICT: Matches and Mismatches Between Technology and Organisation1
Chapter 9
Roberto Fragale Filho, Alexandre Veronese
It has become commonplace to talk about a silent revolution in the Brazilian Judiciary for which the widespread use of ICT has been of great impact.... Sample PDF
Electronic Justice in Brazil
Chapter 10
J. William Holland
This chapter outlines the history of digital government in criminal justice, starting with the Johnson Administration’s findings concerning... Sample PDF
Digital Government and Criminal Justice
Chapter 11
Sandra Potter, Phil Farrelly, Derek Begg
This chapter tracks the response of Australian courts to rapid advances in ICT. It shows how, despite early resistance and a reactive approach to... Sample PDF
The E-Court Roadmap: Innovation and Integration An Australian Case Study
Chapter 12
Yves Poullet
This chapter examines the ambitious Phenix project, a global project for the whole computerization of all Courts and Tribunals in Belgium, with the... Sample PDF
The Belgian Case: Phenix or How to Design E Justice Through Privacy Requirements and in Full Respect of the Separation of Powers
Chapter 13
Alexei Trochev
When the Internet reached Russia in the mid- 1990s, Russian judicial chiefs actively embraced the idea of having a solid presence of national... Sample PDF
Courts on the Web in Russia
Chapter 14
Anne Wallace
A 1999 Australian report on the prospective impact of information and communications technology on the justice system presented a vision of how... Sample PDF
E-Justice: An Australian Perspective
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