A (r)evolução das práticas processuais frente aos novos meios de provas virtuais no processo eletrônico na justiça do trabalho do TRT4

Abstract

In the contemporary world, the judiciary is experiencing a new technological phase. With the advent of the internet and the search for a more speedy justice to follow the acceleration of the facts, the implementation of an electronic process was required. In these modern times dominated by the internet and the use of technology, it has become common to use the content of online social networks as a mean of procedural evidence, because they enable the general public has a extensive knowledge of everyday situations exposed by the user via internet. So, in view of the increasing use of technology in the judicial process and the use of the online social networks posts as evidence of procedure, from doctrinal research and analysis of judged about virtual process from the 4th Region TRT, whose decisions were based on evidence obtained from cyberspace – the Facebook –, wonders: if there was a (r)evolution of procedural practices in 4th Region TRT process since the implementation of the electronic process, and, regarding the virtual evidence, if the Court has approved and assigned validity of the information contained in the relationship site of social networking - Facebook - as a probationary mean and, at least, how the legal community is making use of this test mode. To face the subject, was employed the use of the deductive method of approach and methods of procedure monographic and comparison, having been used bibliographical and documentary research for survey and observation of the different uses of this new evidence. Book report, extended abstracts and graphics techniques were used. It was found that there was an evolution of procedural practices with the implementation of the electronic process, however, it remains much still to be done to achieve a speedy and effective justice. Regarding the evidences from online social networks, it was found that is received and considered valid by the 4th Region TRT, however, the legal community has not made a satisfactorily use of cybernetics evidences, that still incipient, without bothering to verify their authenticity and credibility, just using it in a isolation way without the corroboration of other types of evidence. Given the results of this study, it is worth noting that, because of the internet in the judiciary be something new, it will take some time to obtain more accurate results.