Núcleos de Justiça 4.0: análise a partir de seus contornos constitucionais como proposta de eficiência processual e ampliação do acesso à justiça na Jurisdição Trabalhista
This research paper focuses on investigating whether the proposed implementation of Justice Centers 4.0 shown in Resolution 385/2021 of the National Council of Justice, as an exponent of the model of on-line courts, presents itself as an adequate option for judicial management to the Labor Jurisdict...
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| Formato: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Brasil |
| Recursos: | Universidade Federal do Maranhão (UFMA) |
| Repositorio: | Biblioteca Digital de Teses e Dissertações da UFMA |
| Idioma: | portugués |
| OAI Identifier: | oai:tede2:tede/4655 |
| Acesso em linha: | https://tedebc.ufma.br/jspui/handle/tede/4655 |
| Access Level: | acceso abierto |
| Palavra-chave: | acesso à justiça; eficiência processual; justiça do trabalho; núcleos de justiça 4.0; tribunais on-line. access to justice; procedural efficiency; labor justice; 4.0 justice centers; on-line courts. Direito Constitucional Direito do Trabalho |
| Resumo: | This research paper focuses on investigating whether the proposed implementation of Justice Centers 4.0 shown in Resolution 385/2021 of the National Council of Justice, as an exponent of the model of on-line courts, presents itself as an adequate option for judicial management to the Labor Jurisdiction, providing, consequently, an increase in procedural efficiency and expansion of access to justice. To this end, the role of the Brazilian Judiciary Power in adapting to changes in the hyper-connected world was discussed, establishing the contemporary factual and theoretical premises that lead to the adoption of models of courts exclusively on-line.; the design of the Justice Centers 4.0 proposed by Resolution 385/2021 of the National Council of Justice (CNJ) was analyzed, tracing its characteristics, its foundations, its objectives and establishing its conditions of material and formal validity; the peculiarities of the Labor Jurisdiction were examined through empirical data of procedural movement of the Labor Courts of the Regional Labor Court of the 16th Region, in the period from 2017 to 2021, as well as the profile of its users and socioeconomic data of the region, to, at last, present a proposal for adequate regulation to provide an increase in procedural efficiency and expansion of access to justice. The socio-legal-critical scientific method was chosen because of its effectiveness in analyzing the legal phenomenon, alongside the inductive reasoning method. As procedures methods, the legal-descriptive was chosen when describing the legal institutes related to the theme. Quantitative and qualitative research techniques were used to support this research, with a bibliographic survey to support the theoretical basis combined with extensive documentary research in search of documents issued by public and private entities that carry out research in the country and jurimetrics techniques were observed for analysis of the court data produced by the Regional Labor Court of the 16th Region, in the state of Maranhão. |
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