Electronic resources in life and in brazilian law

• Autor(a) principal: Fontainha, Fernando de Castro
• Data de Publicação: 2007
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/35197
• topic: REFLEXIVE MODERNIZATION; COURT’S SOCIOLOGY; COURT’S MODERNIZATION; COURT’S ADMINISTRATION; FORENSIC WORK; MODERNIZAÇÃO REFLEXIVA; SOCIOLOGIA DOS TRIBUNAIS; INFORMATIZAÇÃO DOS TRIBUNAIS; ADMINISTRAÇÃO DA JUSTIÇA; TRABALHO FORENSE

THIS WORK PROPOSES, AT THE SIGHT OF NOWADAYS REFLEXIVE MODERNIZATION, TO ESTABLISH A BRIDGE TO THE COMPREHENSION OF THE APPLICATION OF INFORMATICS IN BRAZILIAN COURTS, BEYOND THE COMMON SENSE WHOSE SAYS THAT TECHNOLOGY ONLY MAKES LIFE MORE RATIONALIZED, PRODUCTIVE AND DYNAMIC, CONTRIBUTING ONLY AS FORMAL INCREMENT TO HUMAN ACTIVITY, AS WELL AS THE FUNCTIONAL CONCEPTION WHERE THE MAN WILL BE SOON A SLAVE OR SUB JUDGED BY THE MACHINE. THE THEORETICAL KEY THAT DIVIDES MODERNITY IN TWO WILL PUT INFORMATICS-LIFE IN THE CONTEXT OF GLOBALIZATION, SPECIALLY CONCERNING THE PROFUSION OF INFORMATION TECHNOLOGIES AND INTERNET ROUTINES. IN BRAZILIAN COURTS, THE WAY TO A “PAPERLESS JUSTICE” BECOME INCORPORATING THOSE ELEMENTS TO FORENSIC ROUTINE, A VEIN WHERE GLOBALIZATION CAN RUN INSIDE A TERRAIN SO IMPREGNATED OF PECULIAR SPEECHES AND PROPER SYMBOLICAL STRENGTH, ALMOST IMPENETRABLE BY OUTSIDER FORCE. WE AIM TO UNDERSTAND HOW, IN THE CONTEXT OF REFLEXIVE MODERNIZATION, TECHNOLOGY AFFECTS THE CONTENT OF SOCIAL RELATIONS, ON IT’S MOST ESSENTIAL ASPECTS. OUR STARTING POINTS ARE THE TWO BASIC ATTRIBUTES OF INFORMATICS-LIFE: (I) ELIMINATION OF FACETO-FACE RELATIONS, AND (II) RELATIVITY OF SPACE-TIME PATTERNS. A SENSIBLE CONSEQUENCE OF THIS PROCESS IS THE BEGINNING OF A DEEP TRANSFORMATION IN FORENSIC WORK. FROM A SIDE THE DECISIONS AND ALL FORENSIC WORK PRODUCTIVITY (VOLUME/TIME) ARE POTENTIALIZED, THE CREATIVITY AND PRACTICAL LAW LEARNING ARE DECOMPOSED BY THE STANDARDIZATION. FROM OTHER SIDE WE SEE THE INCORPORATION OF MARKET VALUES TO THE “CAPITAL” MANEUVERED IN LAW FIELD. VALUES LIKE PRODUCTIVITY, EFFICIENCY, CLIENT FOCUS, ETC. OUR PROPOSAL IS NEW JUDGES ETHNOGRAPHY, MAIN CHARACTERS OF JUDICIAL PROCESS, AND HOW THIS PHENOMENON CAN ALTER DEEPLY THESE SOCIAL ACTORS. IT ISN’T ONLY AN SPECULATIVE WORK, BUT SEEK AN EMPIRICAL POLE WITH RESOURCES TO FIELD RESEARCH, SINCE FRAGMENTS OF JUDGES INTERVIEWS TILL OBSERVATION NOTES.