A virtualização dos atos processuais no âmbito do processo judiciário do trabalho brasileiro sob a óptica da inafastabilidade da jurisdição

Abstract

In an uninterrupted process of development, the practice of procedural acts within the scope of the Brazilian labor judiciary proceeding becomes solely electronic. Despite the advances raised in terms of access to the provision of judicial protection by the State, virtualization ex ternalizes its setbacks, especially because of the disparate realities, the deep digital inequality and the cybernetic vulnerability that characterize the Brazilian social situation. Therefore, this monograph questions the progress resulting from the virtualization of procedural acts within the scope of the Brazilian labor judiciary proceeding and what related challenges, from the perspective of the constitutional principle of the inafastability of the provision of judicial protection by the State, need to be overcome. In order to achieve this aim, it is intended to explain the concrete circumstances of the virtualization of the judicial process and its proce dural acts within the scope of the Brazilian labor judiciary proceeding, the historical, social and legal-normative course, the legal and infra-legal regulation and the progress arising from the aforementioned technological innovation, to investigate the challenges related to the ad vancement of the virtualization of procedural acts under the prism of the constitutional prin ciple in scope and to ascertain the conditions of possibility for overcoming the related challen ges, with the proper implementation of digital accessibility to the Brazilian labor judiciary proceeding, with a view to implementing the constitutional principle of the inafastability of the provision of judicial protection by the State in the virtual environment. For this purpose, the dialectical method of approach, the methods of historical and comparative procedures and the survey and collection of data through indirect documentation are used as research techni ques. It is concluded that the progress achieved, in the labor sphere, by the virtualization of procedural acts and the implementation of the electronic judicial process are unavoidable — whose retrogression to the archaic past standards is not raised —, but there is still a long way to go. As constitutionally established fundamental rights, the speed and inafastability of juris diction must go hand in hand.