The implementation of article 4 of the Civil Procedure Code by the Dispute System Design
Revista de Legal Design e Visual Law, Maceió, v. 1, n. 00, e023002, 2023.
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with the advent of social media, marked by an instantaneous transmission of information and
interpersonal communication (CASTELLS, 1996).
Such facts had repercussions in the context of the Judiciary, especially after procedural
virtualization, generating the need to rethink the way legal services are provided, in order to
better adapt them to the dynamics of the hyperconnected society.
In this context, the teachings of Nelson Nery Junior and Rosa Maria de Andrade Nery
are relevant in the sense that
time in the process is of vital importance these days, as the acceleration of
communications via the web (internet, e-mail), fax, cell phones, together with
social, cultural and economic globalization has meant that there is greater
demand from the jurisdictional and administered bodies for a quick solution
of judicial and administrative proceedings (NERY JUNIOR; NERY, 2016, p.
211, our translation).
In this way, there is a desire on the part of those under jurisdiction and by all the actors
involved in the judicial area (magistrates, lawyers, civil servants), inserted in the Age of
Technology and in the context of social media, that the legal service is provided quickly and
efficiently, with less bureaucracy and with more dynamism.
Nevertheless, there is still a fear related to the loss of legal certainty, in parallel with a
neophobia (phobia of the new, fear of the unknown), which, to some extent, still confer a certain
reticence on reducing bureaucracy and the use of innovative techniques in the provision of
jurisdiction. After all, legal activity has observed the same traditionalist and essentially
bureaucratic dynamics for decades.
Another obstacle to the reasonable duration of the process is the increase in the number
of lawsuits that are filed on a daily basis. According to the 2021 Justice in Numbers report, in
2020, 25.8 million new actions were filed, and in 2019, the number had reached 30.2 million,
the highest value since 2009 (CNJ, 2021).
Parallel to the growth in the number of lawsuits filed, a proportional increase in the
number of judges is not foreseen, even due to the lack of public funds for the creation of new
positions. The logical consequence is an overcrowding of offices and an inability to deliver
satisfactory adjudication within a reasonable time.
In this regard, Nery Junior and Rosa Maria understand that
In order to give effect to the constitutional guarantee of speed and reasonable
duration of the judicial process, it is necessary to equip the Judiciary with the
logistical apparatus it needs to comply with the constitutional command,
consisting of improving the technical training of judges and the material