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More than 3,500 cases were tried in virtual environment by the STF Panels in 2016


Thursday, January, 26, 2017

Since August 2016, when the virtual system of judgment was implemented, 3,579 lawsuits were tried by the Brazilian Federal Supreme Court (STF), with 2,063 in the First Panel and 1,516 in the Second Panel. The tool has the potential to cover most of the STF 's appeals and allows the reduction in the process congestion rate and in the average time of trials.

Accessing the "Judgment Schedules" section, in the "Processos" menu of the national Portal of the Supreme Court, it is possible to visualize all cases tried by the system every week in the Panels and in the Plenary. The first virtual session on this new tool, regulated by Resolution 587/2016, was on August 12 of the last year. Until December, in the Plenary, 1,441 cases were tried in an electronic environment.

The virtual judging sessions begin at midnight of fridays, lasting seven days, ending at 23:59 of the following Thursday. The schedules are published on the STF page with a minimum deadline of five working days prior to the trial. Voting takes place in an internal system, and on the first working day after the virtual session closes, the secretaries of the Panels and Plenary manage the progress information in each case, with the result of the trial.

Opinion

Under the new system, the Justice Rapporteur makes available the report, summary and vote in the virtual environment, waiting for the other Justices' opinion during the following seven days. The summary, report and vote are published only after the conclusion of the trial. If there is a request of highlight or further review by one of the justices, the case is sent to the competent Panel for a presential trial.

There may also be filed a request for highlight by the lawyers involved in the proceedings, which must be carried out within 24 hours before the beginning of the trial, through a petition addressed to the Justice Rapporteur. The requests shall be examined by the Rapporteur, who shall, if deferred, withdraw the case from the list. There is also the possibility of requesting an oral presentation by the lawyer, if applicable. With this, the judgment is transferred to the presential collegial body.

The Justice Rapporteur has the possibility to withdraw from the system any list or cases before commencing the respective trial. The list of cases or the case with request of highlight or further review by one or more Justices or by one of the parties is not tried in the system, as long as it is requested within 24 hours before the beginning of the session and the request is approved by the Rapporteur. The appelas in which there is a request for oral presentation by the lawyer are not processed under the virtual environment.

Justices vote on the lists as a whole or in each case separately. The voting options are as follows: "Following the Justice Rapporteur opinion"; "Following the Justice Rapporteur opinion with reservation of arguments"; "Dissenting from the Justice Rapporteur opinion"; and "Following the dissenting opinion". The rules of the electronic judgments of general repercussion apply to this modality of judgment.

 

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