Author: O Estado de S. Paulo

Source: Senado Federal - Brasília / DF - MAIN NEWSPAPERS - 07/06/2010

EDITORIAL - The State of S. Paulo

Since the reform of the Judiciary Power began to be discussed without ideological or corporate bias, the institution has been the object of important changes aimed at speeding up the proceedings, decongesting the courts and strengthening legal security in the country.

This process started in the 90s, stimulated by the so-called “second generation reforms” sponsored by the World Bank. It was deepened in 2004, with the approval of Constitutional Amendment No. 45, which created the National Councils of Justice (CNJ) and the Public Ministry (CNMP).

It has gained speed in recent years, thanks to the two “Republican State Pacts” signed by the presidents of the Three Powers, which created the conditions for the modernization of procedural legislation, making it possible to implement the binding summary, the principle of general repercussion and the preventive clause of resources.
Since then, Justice started to work with planning strategies, productivity goals and projects for computerization and incorporation of the institution to the internet, while the National Congress, in addition to proposing the reform of the old Civil Procedure and Criminal Procedure Codes, which is already in an advanced stage of processing in the Senate, it has been approving measures aimed at giving greater rationality and objectivity to lawsuits.

In the last few days, four initiatives have been taken with this objective by the Three Powers. The first was the proposal to create a national register of arrest warrants and release permits. The measure, which has the support of the Ministry of Justice and the CNMP, should be implemented within a year and a half.
Linked to the Integrated Penitentiary Information System and the National Public Security Information Network, the centralization of arrest warrants and release permits by a national database streamlines the enforcement of court orders, making crime repression more efficient.

The second initiative was taken by the CNJ. In charge of exercising external control of the Judiciary, the body established a list of “minimum tasks” for the first instance of the state, federal, labor and military courts. The measure, which is complementary to the Justice computerization project and has the support of the OAB, aims to locate the critical points of each court, reduce the administrative costs of Justice, implement “corporate governance” projects and allow the courts be administered in a more professional manner.

The third innovation was the approval, by the Senate Constitution and Justice Commission, of a project designed to discourage litigation in bad faith. Prepared by the Commission on Human Rights and Participatory Legislation, it speeds up subpoenas and increases the fine imposed on lawyers who gather documents already inserted in the case, from 1% to 50% on the value of the case, with the aim of disrupting the process. In cases of delayed declaration embargoes, the fine goes from 20% to 50% on the value of the case, in the first occurrence, and goes up to 100%, in the following occurrences. The bill also determines that, in procedural acts considered delaying, impertinent or superfluous, the injured party will be entitled to compensation in the amount of ten times the expenses with which he had to bear to defend himself.

The last initiative was the approval, also by the Senate Constitution and Justice Commission, of a measure aimed at reducing the duration of labor proceedings. Voted on a terminative basis, the bill changes the Consolidation of Labor Laws, requiring the party that uses the interlocutory appeal to deposit a judicial deposit of 50% of the amount of the contested appeal. The purpose of this innovation is to curb the abuse of the interlocutory appeal. Of all the actions received by the Superior Labor Court in 2008, 74,8% were appeals, almost all of them filed for delay.

After decades without renewing itself, the Judiciary is currently undergoing a fast and timely modernization process.