Judge Alfredo Attié, president of the Academia Paulista de Direito, says that the distance between the Judiciary and society has worsened, a distortion that also occurs in the first instance.
The comment was motivated by criticism from the lawyer and former prosecutor, for whom secrecy and virtual sessions favor corruption.
Attié says that the ministers of the STJ (Superior Court of Justice) and those of the STF (Supreme Federal Court) work without any control or supervision.
“Many decisions are made by information systems and assistants. The approach is achieved by a small group of offices, lawyers and lawyers, without transparency of criteria”, states the TJ-SP judge.
“Events occur without, in the vast majority of cases, scientific criteria. Law, justice and democracy, in addition to being separate, do not go well”, says the president of the APD.
In October, the STJ announced changes to its internal regulations to expand virtual sessions (which can judge habeas corpus). Criminal proceedings and criminal complaints remain in face-to-face sessions.
The court informs that it has created a platform allowing interested parties to follow the voting panel for each process in the session and download documents.
Exceptional court
Lawyer Airton Florentino de Barros maintains his criticism. “I continue to oppose virtual trials in all the cases in which I work, in all courts,” he says.
Barros says that “these clandestine trials directly contradict the principle of publicity.”
The Constitution establishes that “all trials of the bodies of the Judiciary will be public”.
“The virtual trial, not justifiable even during the pandemic, is in fact an aberration, nothing more than an exceptional court”, says the lawyer.
The regional prosecutor of the Republic Ana Lúcia Amaral says that “the dysfunctional system also benefits the legal profession of hearing embargoes (orders with a judge)”.
“Monitoring via virtual trial makes it more difficult to understand the lawyer/judge contact system”, says the retired prosecutor who worked in the Third Region (SP-MS).
“It would be good if it were pointed out how many of the appeals that reach the court actually have their merits judged by the class”, he suggests.
“The means of formally killing a process, without having to delve into the merits, are lavish. They drastically reduce the alleged ‘excess of work’. If there were so much work, their excellences wouldn’t have time to attend so many gatherings”, he states.
In August, at the inauguration of President Herman Benjamin, minister Nancy Andrighi said that the imminent virtualization of trials will reduce ministers’ meetings in collegiate meetings.
“Eye-to-eye contact will be replaced by more hours of staring at the gray computer screen and in the solitude of our offices.”
For Nancy, “the use of artificial intelligence is widespread, but it can never mean a break with the commitments we have.”
According to a member of the STJ, the problem would not be the virtual trial itself, but its use in processes with great repercussions, especially criminal ones.
On the opposite side, another says that a lot has gone unnoticed in the virtual trial, which is extremely dangerous.
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