A virtualização do processo judicial e o acesso à justiça do advogado com deficiência visual: uma análise comparativa dos instrumentos ítalo-brasileiros de inclusão de usuários no processo telemático.

Abstract

Insertion technological in the legal area contribute to major debates about fundamental rights effectiveness in Brazilian and international legal order. From this, the research was outlined due to inaccessibility of Electronic Judicial Process to visually impaired, with the Law 11,419, promulgated in 2005, taking into account the UN Convention on the disabled and its constitutional amendment status in Brazilian law. The study was precisely targeted to lawyer work performance focus and, for that, the aim was a comparison study, using the Italian Law as parameter for accessibility legislative analyses. The survey aimed to answer the question: In the Brazilian and Italian scenarios, how does the procedural legislation deal with visually impaired lawyer insertion in electronic civil process? Therefore, it was necessary to give further consideration on certain concepts which base the legal structure focusing on guaranteeing the fulfilment of the legal rights provided under national law. First, it seeks to clarify the context of the Convention which protects disabled people in the Brazilian legal order, based on the theory of “Bloco de Constitucionalide”, explaining how each standard is writing. The discussion was established about concepts pertaining to the theme based on the doctrine of both countries, such as the constructio of the term disabled person, accessibility and social values of work. Afterwards, it was necessary to discuss the new model in which the society is set, clarifying the ideas about Cyberculture and Cyberspace, Technology applied to the judicial process and defining the electronic judicial process. Finally, comparing the similarities between the legal orders studied in this thesis, the discussions about access to justice were intensified, and the laws about technology, prediction of accessibility and process in both countries were shown. Moreover, we will present how each country sees disabled people and how they believe their conditions can be improved in work performance before electronic judicial process. To support the survey we used the doctrines of Cappelletti and Garth, Italian authors that justify the choice of aforesaid legal order, as well as other renowned authors, all important for the construction of the thesis.