Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

Itinerário educacional de uma aluna cega e a busca pela imagem adaptada

The scope of this study directs an investigation in search of how the blind person learns knowledge at school mediated by the image in context of an inclusive education and how it can be (or is) triggered by the adaptation of images to the tactile seizure of the blind person and his correlative process of reading. To achieve this intent we choose a qualitative approach of research and opted for the modality of case study, based on the empirical field of a public school in the city of Cruzeta, RN and as a the main subject a congenitally blind female student enrolled in high school there, focusing, often, on the discipline of geography in its words mapping. Our procedures for construction of data are directly involved to the documentary analysis of open reflective interview and observation. The base guiding theory of our assessments is located in the current understanding about the human psychological development of its educational process inside an inclusive perspective, of contemporary conceptions about the visual disability as well of image as a cultural product. Accordingly, the human person is a concrete subject, whose development is deeply marked by the culture, historically built by human society. This subject regardless of his specific features, grasping the world in an interactive and immediate way, internalising and producing culture. In this thinking, we believe that the blind person perceives in multiple senses the stimuli of his environment and acts in the world toward his integration into the social environment. The image as a product of culture, historically and socially determined, appears as a sign conventionally used as an icon that in itself concentrates knowledge of which the student who does not realize visually himself and his surroundings cannot be excluded. In this direction, the inclusive educational process must build conditions of access to knowledge for all students without distinction, including access to the interpretation of the images originally intended for the seizure strictly visual to other perceptive models. Based in this theory and adopting principles of content analysis, we circulated inside the interpretation of the data constructed from the analysis of documents, from the subject speeches, from records of the observation made in the classroom and other notes of the field daily. In the search for pictures on the school contents, adapted to the tactile seizure of blind student, was seen little and not systematic in practice and teaching at the school. It showed us the itinerary of the student life marked by a succession of supports, most of the time inappropriate and pioneers in cooling the construction of her autonomy. It also showed us the tensions and contradictions of a school environment, supposedly inclusive, that stumbles in search of its intent, in the attitudinal and cumulative barriers brought, because of its aggravating maintenance. These findings arose of crossing data around of a categorization that gives importance to 1) Concepts regarding the school inclusion, 2) Elements of the school organization, educational proposal and teaching practice, 3) Meaning of the visual image as the object of knowledge, 4) Perception in multiple senses and 5) Development and learning of the blind person before impositions of the social environment. In light of these findings we infer that it must be guaranteed to the disabled person removal of the attitudinal barriers that are against his full development and the construction of his autonomy. In that sense, should be given opportunity to the student with visual disability, similarly to all students, not only access to school, but also the dynamics of a school life efficient, that means the seizure of knowledge in all its modalities, including the imagery. To that end, there is a need of the continued training of teachers, construction of a support network in response to all needs of students, and the opportunity to development of reading skills beyond a perspective eminently focused in the sight