An Overview of the Portuguese Electronic Jurisdictional Administrative Procedure

António Mendes Oliveira, Ricardo Lopes Dinis Pedro, Pedro Miguel Alves Ribeiro Correia () and Fabrício Castagna Lunardi
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António Mendes Oliveira: Administrative and Fiscal Court of Sintra, 2714-556 Sintra, Portugal
Ricardo Lopes Dinis Pedro: Researcher at the Lisbon Public Law Research Centre, 1649-014 Lisbon, Portugal
Pedro Miguel Alves Ribeiro Correia: Faculty of Law, University of Coimbra, 3004-528 Coimbra, Portugal
Fabrício Castagna Lunardi: ENFAM—National School for the Training and Improvement of Magistrates, Brasília 70.200-003, Brazil

Laws, 2023, vol. 12, issue 5, 1-24

Abstract: In this paper, we seek to define the Portuguese Electronic Jurisdictional Administrative Procedure and characterize the scope and success of its implementation in terms of access to justice and court efficiency. It encompasses different perspectives on the judicial system and the electronic administrative procedure, reflecting the diversity of its authors, and combines a theoretical approach and discussion with statistics produced with official judicial data. Therefore, it introduces the issue and its background and discusses the models and principles of electronic judicial procedure and its representation in the Portuguese judicial procedure and law. It also presents the Portuguese exceptional and temporary regime for conducting judicial hearings in the context of the COVID-19 pandemic, discussing its merits and presenting the corresponding judicial statistics. The paper concludes that the advent of electronic judicial procedure, driven by technological advancements and aiming to achieve procedural effectiveness and efficiency, represents a paradigm shift and a change in the nature of the legal process, i.e., an ontological transformation in the theory of the process that requires a robust conceptual framework, to ensure consistent interpretation and application of procedural law and to guarantee respect for equality and legal certainty.

Keywords: electronic judicial procedure; Electronic Jurisdictional Administrative Procedure; court efficiency principles of electronic judicial procedure; principle of dematerialization; principle of procedural deterritorialization; principle of connectivity and immediacy; principle of hyper-reality; virtual hearings; exceptional judicial hearings regime in COVID-19 (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2023
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