The New Access to Justice
Article published in the Outra Opinião column of Zero Hora on 07/10/2013 on the transformation of access to justice in the era of electronic proceedings.
Translated from the original.
In times of electronic proceedings, in the digital age, the model of access to justice has been radically transformed. Previously, one knew the local Lawyer, the one who mastered the specific environment in which he lived. In the division of jurisdictional competences by Judicial Districts or Regions, there was also a regional mapping of the legal profession. This model, although it endures with respect to the principle of the natural Judge, has been giving way to new paradigms of legitimation of professional activities.
Personal contact with the authorities charged with deciding cases (judicial or administrative) does not require the lawyer to reside in that judicial district or locality. Specific trips, based on scheduled agendas, are enough. Likewise, oral arguments or participation in hearings become tasks that can be scheduled. Intellectual work, research, theses, innovation in ideas, discussions with teams, the building of strategies, all can be done in virtual environments. The most relevant meetings should still be held in person, considering the security of communications.
And starting from this premise, it is worth asking whether these same parameters should not apply to other institutions, such as the public legal service or the Public Prosecution Service. Today, the model of territorial assignments generates distortions in institutional efficiency. A loss of quality is observed in a case when the prosecutor or public attorney who was handling it is replaced. Rotation can foster an enormous waste of time and energy, as well as a lack of focus and a deficit in the meritocratic structure. An authority reads voluminous case files, studies the case, prepares, and is suddenly transferred or promoted elsewhere. Resuming the case by another public agent is complicated. It would be important to reflect on this aspect. New parameters of access to justice should be thought through by the institutions, including as a way of creating incentives for quality and the measurement of the results of their members.
Lawyer