Speakers
Ms
CRISTIANI FONTANELA
(Universidade Comunitária da Região de Chapecó - UNOCHAPECÓ)Dr
JAQUELINE DA SILVA ALBINO
(Universidade do Estado de Mato Grosso - UNEMAT)Ms
Maria Isabel Araújo Silva dos Santos
(INSTITUTO MAUÁ DE PESQUISA E EDUCAÇÃO - MAUÁ-DF)
Description
The intensive use of Information Technology and Communications in contemporary society has provided advances and facilities in citizen relations with the Government, such as speed and a new configuration of cyberspace. However, frauds in the electronic environment are seen as a threat to organizations seeking to ensure access security and electronic procedures. Furthermore the Brazilian Judiciary has been criticized for the long duration of proceedings that affects the credibility of the Judiciary before the society, and in some cases demonstrates the inefficiency of the solution applied due to the natural dynamics of human relations. The objective of this paper is to contribute to the discussion of the use of certificates issued in the Brazilian Public Key Infrastructure (PKI-Brazil), presenting its implementation in the governmental sphere and highlighting the use of digital certification and the use of electronic procedure in the Brazilian Judiciary. Since Law 11.419/06 came into force its allowed the opening of electronic means in court proceedings, aiming to replace paper with digital documents, safeguarding the principles that govern the process, and consequently, in the implementation of a process and electronic procedures in the judicial spheres (civil, criminal, labour, and electoral). The exploratory and descriptive research was adopted, with the purpose of explaining and describing the main characteristics of the topics addressed. The professional legal activity and experiences of the authors in the use of the legal proceedings are contributing factors in the writing of this article. As for the sources, this is a secondary bibliographic research based on material already published, which allowed the authors to understand the application of Digital Certification in public administration and mainly, in the adoption of electronic processing in the Judiciary. The sources demonstrate that the adoption of digital certificates issued by PKI-Brazil has guaranteed the authenticity, integrity, authorship, non-repudiation, and confidentiality of documents and electronic transactions within the public administration, thus presenting, as an instrument of protection and security feasible for use by government agencies. However, one of the problems mentioned is the presentation of fraudulent documents at the moment of the identification of the citizen for the digital certificate issuance, which would undermine the legality of the certification. The adoption of a judicial electronic processing has been optimizing the Brazilian Justice system and speeding up the procedural acts desired with the implementation of Law 11.419/2006, however the adoption of the system is complex and there are criticisms and resistance of some professionals, especially those who still live the transition to the digital information age. The presentation of fraudulent documents at the moment of the identification of the citizen for the issuance of the digital certificate at the registration authorities (RA) poses a risk that can be mitigated by raising the awareness and qualification of the RA employees, as well as adopting some specific technological resources. The resistance of legal professionals is salutary to the complexity in the implementation of the Judicial Process in Digital Media and helps in the improvement of executing methods and forms, and the impact of the implantation can be positive if there is information and gradual adoption of this transfer from the physical to the electronic status. Considering the limits of the article it is recommended to develop studies with indicators that allow monitoring the evolution of the use of digital certification in the governmental spheres in the country, as well as in the effective verification of the reduction of delays in judicial proceedings in the Brazilian scenario.
Author
Dr
JAQUELINE DA SILVA ALBINO
(Universidade do Estado de Mato Grosso - UNEMAT)
Co-authors
Ms
CRISTIANI FONTANELA
(Universidade Comunitária da Região de Chapecó - UNOCHAPECÓ)
Ms
Maria Isabel Araújo Silva dos Santos
(INSTITUTO MAUÁ DE PESQUISA E EDUCAÇÃO - MAUÁ-DF)