Source: Agência Senado - Brasília / DF - 11/03/2010

The institute of the “collectivization incident”, which will enable collective actions, reducing the burden of the Judiciary, should be one of the highlights in the new Civil Procedure Code, under study by the Committee of Jurists created by the Federal Senate. The opinion was expressed by Paulo Cezar Carneiro, a member of the commission, who participated this Thursday (10), in Rio de Janeiro, in the third public hearing in the states to hear suggestions from the judiciary and legal operators.

- This will lead to greater uniformity in decisions and to ensure greater speed to these actions - said the lawyer. Changes like this, he continued, are possible because the commission works with practical aspects of civil procedural legislation, which are related to the daily life of Justice.

The work was also praised by the president of the State Court of Justice, Judge Luiz Zveiter, for whom not even the 1988 Constitution was subjected to such an in-depth discussion.

On the other hand, representatives of bailiffs and auctioneers attending the public hearing expressed concern about the increasing digitalization of justice and the expansion of the powers of magistrates who, according to them, diminish functions of specific categories and affect the principle of legal certainty.

The Minister of the Superior Court of Justice, Luiz Fux, who chairs the Senate Committee of Jurists, recognized the importance of the various categories involved in the legal process, but said that the “virtualization” of Justice is an undeniable reality. In this sense, he maintained, the electronic process, subject of specific law, must be understood as an important instrument for the speed of judicial procedures.

Positive balance

At the end of the event, the minister made a positive assessment of the public hearings already held. He stressed that most of the suggestions heard converge to discussions being held in the Commission. However, some specific demands cannot be met because they are out of step with the modernization of the Judiciary and of Brazilian society itself.

Also present at the hearing were Teresa Wambier, rapporteur of the Commission, and Professor Benedito Cerezzo Pereira Filho, member of the Commission of Jurists. The next public hearing to gather suggestions for the drafting of the new Civil Procedure Code will take place on March 18, in Brasília, at the Petrônio Portela auditorium of the Federal Senate.