A audiência por videoconferência como política pública de acesso à justiça penal.

Abstract

The present dissertation has as its theme the hearing by videoconference as a public policy of access to criminal justice, a mechanism that makes it possible to carry out procedural acts through the use of the virtual medium, because, in view of the technological advances and the consequent need for an effective action by the Judiciary, especially in the pandemic period, there was no alternative but to hold hearings by videoconference. To deepen the theme, we have the following research problem in which measures are hearings by videoconference public policies that allow access to justice in line with the principles of adversary and ample defense? As a hypothesis for the proposed problem, it is believed that the use of electronic means, in particular videoconferencing, has greatly contributed to facilitate access to justice, as it is a public policy that enables the holding of hearings and other procedural acts, fully guaranteeing citizens constitutionally guaranteed rights. In order to make it possible to answer the research problem, the general objective was defined: to analyze the use of videoconferencing as a public policy for access to justice, understanding the possibilities and limits of its use in accordance with the constitutional principles of the adversarial system and full defense, emphasizing the positive and negative impacts of using such a mechanism in the context of criminal proceedings. To develop the research, the method of approach is the deductive, which can be understood as the one that starts from general arguments for the particular nature, and as a research technique the bibliographic. The work developed is in line with the line of research in Public Policies for Social Inclusion of the Graduate Program, Masters and Doctorate in Law at the University of Santa Cruz do Sul, directly linked to the research carried out by the professor guiding this dissertation. The theme demonstrates important social and scientific relevance, since it deals with a topic of extreme relevance, as it is evident the need for greater administrative and operational efficiency of the Judiciary in a perspective that speeds up the procedural process, as well as providing an analysis about the preservation of fundamental rights and guarantees to citizens. Considering the results obtained, it is concluded that videoconferencing hearings enable a faster procedural process and a significant cost reduction for the Judiciary, as well as being fundamental at the height of the pandemic period. However, it is necessary to create effective public policies that ensure virtual access without distinction and quality, so that individual rights and guarantees are not curtailed.