Interview: Roberto Vallim Bellocchi
Source: Jornal do Commercio Brasil - RJ, 29/06/2009
Making the provision of jurisdiction in São Paulo more agile has been the main effort undertaken by the president of the Court of Justice of that state (TJ-SP), judge Roberto Vallin Bellochi. The magistrate has been in charge of the country's largest court for a year and a half. During this period, he started computerization, with the expansion of the Logic Network, in partnership with the state Executive. And a real procession began, in visits to the counties of the interior, with the objective of better knowing the problems of the São Paulo Judiciary. In an interview with Jornal do Commercio, Bellochi acknowledged that this is a job that should continue in the next managements, so that it really has an effect. "Everything in São Paulo is great, including the problems," said the judge, highlighting the volume of more than 18 million shares that are still awaiting trial. To try to alleviate the problem, Vallin Bellochi started the discussion around the creation of virtual cameras. “This is an idea that may arise if we look at computerization as an absolute necessity for TJ-SP. It is the way to make the Judiciary faster, without the paperwork. So, this is a project that is being discussed. At TJ-SP, everything is discussed, ”he said.
JORNAL DO COMMERCIO - What initiatives have been developed in your management to bring more speed to the courts?
ROBERTO VALLIM BELLOCCHI - All the trial chambers were concentrated in the Palace of Justice. This streamlined resource judgments, as communication became faster. Second, in order to make life easier for the judges, whose offices are located outside the Palace building, the elections started to be held in the places where they are, with the exception of the general elections, which take place for the renewal of the summit. These claims take place in the Palace of Justice, with the presence of all judges. Another point was the administration of the buildings and offices, which started to compete with the judges themselves, who elect a coordinator or a mayor. This has been giving good results. Then, we vitalize the commissions, which are important to the Court of Justice. This is, for example, the Commission on Methods and Rhythms, which propose work routines. We also have the Judicial Organization Commission. Some even count the participation of first instance judges. There is also the Mixed Commission of Lawyers and Judges to establish a communication channel with the community of lawyers. There is also the Legislative Affairs Committee, which acts directly in the Legislative Assembly to monitor projects that concern the Court of Justice. On the other hand, we also promote visits to the interior of São Paulo. There are 275 counties and 55 circumscriptions. I started the visits last year and I'm already over half. I have direct contact with the judges of the circumscriptions.
What is possible to identify in these visits?
- That the buildings are old. Some are well equipped, but others are not yet in need of expansion and renovation. The judicial service has grown a lot. There are approximately 18 million shares in progress in the State of São Paulo. An initiative that I highlight is the expansion of the Logic Network. It is the automation system of the Judiciary. Today, electronic language belongs to everyone.
Is this the project that aims to create virtual cameras?
- This is an idea that may arise if we look at computerization as an absolute necessity of TJ-SP. It is the way to make the Judiciary faster, without the paperwork. So, this is a project that is being discussed. At TJ-SP, everything is discussed. It is an old, model and conservative court, for reasons of its traditions. Think a lot about the step you will take. And it is not an agile court. It's because? Exactly because it is big. Then everything is talked about and discussed. This logical network, through agreements with the state government, aims to computerize the criminal execution courts. This will have an impact on the policy of creating prisons. Another objective is the computerization of the tax enforcement courts, which deal with the collection of taxes to the state. It is a major project, which will take two to two and a half years to complete.
What is the reason for the delay?
- One of the important causes is the prerogatives that the Public Power has. The Legislation guarantees some privileges to the Public Power, which causes an imbalance because the lawyer of the other party does not have them. For example, double time to appeal and quadruple time to contest, the necessary review, the fact that the prosecutor is personally summoned. These state defenses are totally unnecessary, they represent 45% to 50% of the total actions. Another point is the absolute lack of investment that occurred in the past with regard to the rigging of the Judiciary, related to the installation of poles, carrying out and complying with tenders. We started to change that from March last year. 1.200 tenderers have already been called. And until the end of the term, we will probably call as much. This guarantees the infrastructure of the registry offices. The reform of the João Mendes Forum is also underway, which is the busiest civil forum in Latin America. There are 30 thousand people transiting per day. We have 16 regional forums in the capital of São Paulo, 275 counties in the interior and 55 judicial districts. We work with a high budget, but not enough for the needs of the TJ-SP.
Is the court's budget limited to the Executive's budget only?
- No, we have the special fund, the budget and the collection that results, for example, from registration in public tenders. Today, there are only eight or nine states that do not have this financial autonomy, but the ideal would be for São Paulo to obtain rapid resources like Rio de Janeiro.
What would be virtual cameras?
- The virtual camera is under study. It's project. It is not yet definitive, but it will be inevitable. Will come. The Federal Supreme Court itself already has it. In certain subjects, for example, as in the analysis of the general repercussion, the work of collecting the manifestation is not in the plenary, but through the computer. That's what you can achieve here. This is not a time-consuming project. It is a project that must be studied, as we have two serious problems. One of them is the fact that the building is overturned, so it is not always possible to move. Second, there is investment. It is money outside the budget. It is a large amount, but it has to be well coordinated because there is the Fiscal Responsibility Law.
What is the level of computerization in the São Paulo Judiciary?
- It is not very vast, due to the unification of the courts of jurisdiction. There were three high courts and the TJ, which were merged into one. The computer systems of each court do not communicate. This needs to be reunified. It's a long job. There is the Information Technology Secretariat, a computer committee and, in the court's assistance, a sector that specifically takes care of this, which is responsible for the agreements that have been taking place between the Court of Justice and computerization companies. We have undeniable support from the Federal Supreme Court, through Minister Gilmar Mendes. Everything in São Paulo is big, including the problems. And as the budget is large, the work has to be careful. To get an idea of how the TJ-SP is atypical: 12 thousand certificates are issued per month; first instance judges produce 25 sentences; and the average vote of second instance judges ranges from 1.200 to 2 votes. Computerization, therefore, is not fast. Everything is a work of patience. As I said, it will not run out in that presidency. No one can give up the future. And I am a born futurist.
Can the TJ-SP be considered an atypical court?
- The São Paulo Court of Justice, like all others in the country, has its own characteristics, depending on the state itself. It cannot be matched. The situation of the states is not the same. The responsibility of the courts of justice is different. The management and administration of the courts need support. Difficulties in funding, old buildings, personnel infrastructure that does not always reach desirable points. The population's desire is evident and necessary. Society expects a lot. However, while society began to deal with more important technological resources, the Judiciary, which is one of the powers of the Republic and is not subordinate to any other, has difficulties in funding. Added to this, legislation highly beneficial to the public power, unbalances the citizen. In Brazil, there are about 10 laws. The civil process is very complicated. These are all causes.