Since 1995 the use of the Internet in Brazil is no longer restricted to certain companies and universities to become public access. Since then, many changes have occurred. Many of these changes were certainly accelerated because of the Internet and technological innovations coming with it.
With the advent of technology, coupled with the explosion of the internet, interpersonal relationship became easier. You can post something on any of the social networks and immediately hundreds of friends like or share this publication. Exchange up videos, photos, audios and after the files are sent, would make it impossible to delete, control the scope or prevent certain file sharing. We need to ask questions or schedule a meeting and then we drew our cell phones and send a message via WhatsApp where you immediately know the time in which the person received and even read the message.
The internet combined with the technology of course brought many changes, among which, I emphasize, especially those that occurred in the legal universe.
Perhaps not all have noticed, or by using the tools that this pair provides, however, to fight against them is no longer a choice possible.
tHE cOMPUTERIZATION JUDICIAL PROCESS
technology has a major impact on the way legal services are provided and how all parties a legal conflict connect.
in the judiciary, with the enactment of Law 11.419 / 06, which deals with the computerization of the judicial process, the technology is widely deployed, whether in electronic processes, in electronic publications or even even in instruction hearings and trial where witnesses are recorded and subsequently attached to the notices.
So with the increasing and frequent computerization of the judicial process, all members of the judiciary machine trust documents to servers properly structured, as required by Article 12 of Law 11.419 / 06, without bothering to save them can save the scanned original documents, which must be preserved by the owner, for the period specified in paragraph 3 of Article 11 of the said process.
SOCIAL NETWORKS AND pROCESS
regarding the initiation of proceedings, that is, your taxable event, we can say that the use of all technology offered is more essential than today. Conversations via email, Facebook, WhatsApp and other social networks are often used as means of evidence as well as photos and statements exchanged between users.
The offenses made through social networks, unlike that were handed down verbally, years ago, they are easily proven, thereby facilitating compensation for moral damage. The official, who before in his circle of friends, she would open up about dissatisfaction in work at the firm today vents on social networks and can be fired for just cause for it.
Recently, the District of Jundiaí, Justice judged valid dismissal for cause for employee who “likes” offensive post which referred the company that it worked
in sentencing, the judge uttered:.
“freedom of expression does not allow the employee to catch public conversations on social network offending owner partner of the company, which affected permanently the continuity of their employment agreement, especially when one considers that his employment contract lasted for just over 4 months “
in the event of liability, two women published in the social network photos of a bitch who was in poor condition after castration surgery done by the veterinarian. In addition to the images, the publication contained a text imputing to the vet responsibility for the situation bitch. . Due to what happened, the man filed an action seeking compensation for damages
In sentencing, the judge handed down:
“There is no doubt the culpable actions of the defendants, as that released text and commented on social ‘facebook’ network to the detriment of the author without making sure of what actually had occurred, that is, without the certainty of the guilt of the applicant for the situation in which he found the dog that he operated “
So, definitely it is concluded that the technology incorporated into internet certainly facilitated the evidence.
tECHNOLOGY AND tHE JUDICIARY oF UNDERSTANDING
the law and the Brazilian legislation has certainly changing, trying to keep up with the exorbitant speed with which technology and the internet evolve. Proof of this is the Law 12,965 / 14, namely the Civil Internet Marco that legislates on user privacy, freedom of expression, among others.
However, much faster than legislation, has been the understanding of the judges in the use of technology in support of the judiciary.
Recently, a judge of the Tucuruí County (PA), used the double to enjoin defendant lives abroad. Logically use was the last resource used by the judge, however, after attempts provided by law show up failed, so it was used technology through WhatsApp application to accomplish the summons and confirmation of receipt, as well as reading, gave the defendant by subpoenaed.
Still, regarding the use of technology by the judiciary, the 7th Criminal Court of the State of São Paulo, in April of this year, through Ordinance No. 012/2015, in order to expedite the procedural consultation, provided WhatsApp for the parties (lawyers, prosecutors, witnesses …) to send documents related to the process as well, schedule visits to consultations on the file, remove certificates and even same audience with the judge. This entire process is part of the Citizen Process, which aims to revolution to reduce bureaucracy the process.
Conclusion
What one sees in one way general, is that given the recommended mobility culture and the large production and sales of smartphone, laptops and tablets to significantly more affordable, more and more legal professionals can interact with the virtual court cases as well, use the technology for the sake of speed of the Judiciary, from anywhere in the world via the Internet, using the aforementioned devices.
REFERENCES
Outside, J . Judge WhatsApp uses to enjoin defendant lives abroad. Available in: <http://www.conjur.com.br/2015-jul-10/juiz-usa-whatsapp-intimar-reu-vive-exterior?utm_source=dlvr.it&utm_medium=facebook>. Access: 10 July . 2015
Naruto, D. Justice determines the conversations of breach of confidentiality WhatsApp | Articles JusBrasil. Available in: <http://danielnaruto.jusbrasil.com.br/artigos/140781164/justica-determina-a-quebra-de-sigilo-de-conversas-do-whatsapp>. Access: 10 July 2015.
http://www.planalto.gov.br/CCIVIL_03/_Ato2011-2014/2014/Lei/L12965.htm & gt ;. Access: 10 July 2015.
http://www.planalto.gov.br & gt ;. Access: 10 November 2010.
ttp://politica.estadao.com.br/blogs/fausto-macedo/advogados-poderao-usar-whatsapp-para-acompanhar-processos-na-justica-federal-em-sp/>. Access: 10 July 2015.
Rover, T. offense Share on social network generates moral damage. Available in: <http://www.conjur.com.br/2013-dez-04/compartilhar-comentario-inveridico-ou-ofensivo-facebook-gera-dano-moral>. Access: 10 July 2015.
Technology and Games ,. Justice judges valid dismissal for cause by ‘tanned’ on Facebook. Available in: <http://g1.globo.com/tecnologia/noticia/2014/06/justica-julga-valida-demissao-com-justa-causa-por-curtida-no-facebook.html>. Access: 10 July 2015.
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