(Pontificia Universidad Católica del Perú, 2024-09-05) Santos Divino, Sthéfano Bruno
Richard Susskind’s Online Court is no longer just an ideal, but a policy for implementing and developing the judiciary alongside technology. Its application in the Brazilian legal system has been proposed, applied, improved, and constantly refined by the National Council of Justice. The aim is to understand the structuring legal concept of the Virtual Court, created by Richard Susskind, to identify its premises, foundations, and pretensions. It then shows how Susskind’s Virtual Court has been applied in the Brazilian legal system through the Justice 4.0 program. Finally, the current policies are briefly analyzed to verify their compatibility with due process of law. Thus, the research problem that guides this article and the proposed objectives can be expressed by the following question: has the Justice 4.0 Program complied with the foundations and fundamental precepts of Richard Susskind’s Virtual Courts, as well the Distributive Justice? The conclusion is that despite technological and legal advances, the Justice 4.0 Program is still precarious in terms of accessibility, transparency, and proportionality of justice. The method used is integrated research combined with bibliographical research.
(Pontificia Universidad Católica del Perú, 2024-09-05) Mendoza Díaz, Juan
The work develops the scenario that is generated in Cuba from 2019, when a new Constitution is approved, which abrogates the one in force since 1976. The new text regulates, for the first time, the effective judicial protection and due process within the chapter dedicated to the Guarantees of Rights and orders the ordinary legislator to dictate new rules of development in the different procedural areas, in charge of regulating the catalog of the new rights recognized in the Constitution. Derived from the constitutional mandate, Law No. 141, of October 28, 2021, “Procedural Code”, was enacted to regulate the processing of civil, family, commercial, labor and social security matters. The new Code, which breaks with the regulatory system of the preceding law, introduces a broad catalog of ordering and investigative powers, which are attributed to a model of judge described as “active”, whose powers are deployed throughout the new regulatory text and cover all procedural actions.