Skip Navigation
Brazil

Transparency and Innovation in the Judiciary (BR0096)

Overview

At-a-Glance

Action Plan: Brazil National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Superior Electoral Court

Support Institution(s): Superior Electoral Court Federal Attorney General's Office (AGU) Federal Public Defender's Office (DPU) Electoral Prosecutor General´s Office (PGE), Lawyers Citizens

Policy Areas

Capacity Building, E-Government, Judiciary, Justice

IRM Review

IRM Report: Brazil Mid-Term Report 2016-2018

Starred: No

Early Results: Marginal

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Technology

Potential Impact:

Implementation i

Completion:

Description

Lead government institution Superior Electoral Court Civil servant in charge for implementing at lead government institution Simone Holanda Batalha Position - Department Judicial Secretary E-mail simone.batalha@tse.jus.br Telephone 55 61 30307057 Other involved actors Government Superior Electoral Court Federal Attorney General's Office (AGU) Federal Public Defender's Office (DPU) Electoral Prosecutor General´s Office (PGE) Civil society, private sector, group of workers and multilateral actors Lawyers Citizens Status quo or problem/issue to be addressed Several problems related to procedural protocol of physical processes, such as: - Slowness in dealing with Electoral Court cases, because most of those processes are not based in a virtual system; - Red tape throughout the process proceeding; - Impossibility of simultaneous access to case materials; - Security issues, such as the possibility of loss. Main objective To deploy an electronic judicial proceedings at regional Electoral Courts throughout 2017 Commitment short description Electronic Judicial Proceeding Deployment from February 2017 on, at two courts per month, and at 22 process classes, throughout the same year OGP Challenge addressed by the Commitment Improving Public Services Increasing public integrity Commitment relevance Assurance of promptness, transparency and security, throughout judicial and administrative process proceeding Goal To have an Electronic Judicial Process as a Judiciary Branch system and as a public policy

IRM Midterm Status Summary

13. Transparency and Innovation in the Judiciary

Commitment Text:

Deploy the Electronic Judicial Proceedings at the Electoral Court

The commitment longs for improving the performance of the Superior Electoral Court, by

means of implementing the Electronic Judicial Proceedings at Regional Electoral Courts until

2017. The commitment aims to assure promptness, transparency and security, throughout

judicial and administrative proceedings, which also represents a relative tool for promoting

transparency.

13.1 Articulate a way to enable milestones delivery, stipulated during planning

13.2 Integrated communication actions for mobilizing and sensitizing internal and external users about the system

13.3 Stakeholders’ training

13.4 Necessary infrastructure delivery for hosting the system

13.5 Identify data with problem mitigation potential during deployment, in order to assure the well-functioning of future implementations

Responsible institution: Superior Electoral Court

Supporting institution(s): Federal Attorney General’s Office (AGU), Federal Public Defender’s Office (DPU), Electoral Prosecutor General´s Office (PGE)

Start date: October 2016...... End date: December 2017

Context and Objectives

Brazil’s regional electoral courts suffer from slow handling of cases, excessive red tape during proceedings, lack of simultaneous access to case materials, and potential security issues. According to the National Justice Council (CNJ), regional electoral court cases take, on average, over two years to complete, longer than the timeline of other court levels.[1] (CNJ is the judiciary institution in charge of improving the efficiency and transparency of the judicial branch.) As a part of the solution to this broader issue, this commitment seeks to increase electoral court efficiency by utilizing electronic judicial proceedings at the state level. The Superior Electoral Court initiated this process in July 2012.[2] Moving to electronic judicial proceedings is a major e-government initiative to digitalize judiciary bureaucracy. Specifically, this commitment plans to (1) develop a methodology, (2) communicate with users on the new system, (3) train stakeholders on the new digital system, (4) create the necessary infrastructure to host the new system, and (5) identify data to mitigate potential problems during deployment.

Using electronic judicial proceedings has the typical advantages of electronic government systems: it reduces paperwork and increases speed, verifiability, and consistency.[3] The electoral courts registered a record new case increase of 843% in 2017, while the national overall increase was 5.6%.[4] The electoral courts also registered the lowest levels of productivity in several indicators analyzed by CNJ. That was particularly the case at the lower courts, where a judgment takes, on average, over two years to complete.[5] Consequently, the situation urgently calls for adoption of best practices, including digital processes, to improve performance. There is also a need to improve the security of the process. This could be done by protecting personal information, defining access-level restrictions, and using cryptography and other data protection methods.

The commitment’s specificity is medium. It intends, as a general goal, to implement electronic judicial proceedings at regional electoral courts by 2017. However, it does not provide details on the activities that will be carried out, such as the nature of the trainings or envisioned infrastructure.

The commitment is relevant to access to information and the use of technology and innovation, because the electronic judicial process increases the level of transparency of electoral cases. This is the case in terms of both access to information and the delivery of public service records.

Despite its importance, the commitment has a minor potential impact. The institution of electronic judicial proceedings reflects a policy process in place since 2012.[6] Thus, the commitment expands a pre-existing program to digitalize judicial processes. It should also be noted that the commitment is restricted to implementation of electronic judicial proceedings at state-level courts. It does not include zone electoral courts (the most local ones, with a larger number of cases due to their primary role in starting most legal actions).

Completion

Most of the commitment milestones are substantially completed.

The government articulated a way to enable the delivery of the milestones and began the commitment’s implementation (milestone 13.1). This can be verified by the reports published on the national OGP portal.[7]

The government substantially completed the activities to mobilize and sensitize internal (e.g., judges, security forces, public prosecutors) and external users (e.g., lawyers and plaintiffs) (milestone 13.2). It conducted stakeholder trainings (milestone 13.3) and completed the necessary infrastructure (milestone 13.4). Evidence exists of several mobilizing events hosted at regional courts.[8] The government also conducted a two-day course and public event, and made training material available online. (There are no public records of how many users took the course or its results.)[9]

As stated by the delivery report of 30 August 2017, 21 of the 27 regional courts have started running electronic processes. The researcher confirmed that the websites of several regional courts were updated with the electronic judicial proceedings for public access (e.g., AM, BA, MT, PR, SC, SP, RJ).[10] Such updates illustrate the implementation of the necessary infrastructure. (The regional electronic judicial proceedings websites are mostly very similar to that used by the Superior Electoral Court. The similarity indicates that the federal system infrastructure has been used for regional courts as well.)

No evidence exists of progress on identifying data that can help mitigate problems during implementation (milestone 13.5).

The action plan set a completion date of October 2017 for milestones 13.3 and 13.4, which puts the commitment behind schedule. According to the government’s self-assessment report, one reason for the slow progress is that the government realized that additional funding is necessary to proceed. This funding would support the travel of Superior Electoral Court civil servants to the state courts to implement the processes.

Early Results (if any)

There are few early results due to the early stages of implementation and the low number of cases per court under the new system. At the time of writing, AC and RJ, for example, had run fewer than five processes each using the new system. The highest number of cases hosted on the new system was by PE, with 239 processes.[11] On average, the electronic judicial proceedings record only between 50 and 75 processes per regional court. Consequently, it is not possible to determine the effect of the commitment on the main policy problem identified: public service inefficiency and the potential compromising of judicial process security.

Nonetheless, as the civil society organization Article 19 argued during the July 2017 monitoring sessions, it is unclear how the commitment directly improves the transparency of electoral justice. In some cases, the government reserves access to the full content of electronic documents for citizens who possess a specific electronic certificate.[12] (Fewer than 2.5 percent of Brazil’s population has access to this certificate.[13]) Article 19 argued that while one could previously go to the physical registry to access documents, many courts under the new electronic system have limited access to only those participating in the case. This improves the trial processes, but does not necessarily lead to more openness of the justice system.

Critics of the commitment also observed that it focuses on e-government changes (which might indirectly promote more transparency and accountability) rather than open government. For this commitment to make a positive contribution to open government, the government will need to make a concerted effort to improve access to information, rather than only internal efficiency.

Next Steps

The IRM researcher recommends including this commitment in the next action plan, but with improvements. The government and civil society perceive the Judiciary as performing low in transparency. Less than one-third of the population trusts the Judiciary, and that number is constantly declining.[14] It is key therefore to link the introduction of electronic judiciary proceedings with not only public service efficiency, but also specific transparency actions.

For example, the government could publish datasets of the electoral proceedings. It could also draft a strategic plan to maintain the datasets and incentivize the use of these records. The IRM researcher also recommends promoting open access standards regarding the data and requiring high-security credentials (such as digital certificates) only when identifying the online users is sensible. The government should also address reforms in other areas, as requested by the National Justice Council. These areas include the disclosure of judicial personnel on transparency pages, an ongoing process that has been delayed for at least 10 years.[15]


[2] 'Electoral Justice Joins the PC,' Conselho Nacional de Justica, 7 July 2012, http://cnj.jus.br/noticias/cnj/58943-justica-eleitoral-adere-ao-pje.

[3] 'Campaign of the CNJ Announces Advantages of the PJe,' TRT2 São Paulo, last modified 20 February 2015, http://www.trtsp.jus.br/indice-de-noticias-ultimas-noticias/19117-campanha-do-cnj-divulga-vantagens-do-pje.

[5] Ibid.

[6] 'Electoral Justice Joins the PC.'

[8] 'Judges of the TRE-CE Court Are Aware of the States of Implementation,' Tribunal Regional Eleitoral, 21 February 2017, http://www.tre-ce.jus.br/imprensa/noticias-tre-ce/2017/Fevereiro/juizes-da-corte-do-tre-ce-tomam-conhecimento-das-etapas-de-implantacao-do-pje.

[9] 'PJe Electronic Judicial Process,' Open Courses, Educacao Corporativa do TSE, https://educacao.tse.jus.br/course/index.php?categoryid=81.

[11] Ministerio da Transparencia, Fiscalizacao e Controladoria-Geral da Uniao, Relatorio de Status de Execucao de Compromisso, http://www.governoaberto.cgu.gov.br/central-de-conteudo/documentos/2017-30-agosto-rse_13.pdf.

[13] 'Digital Certification Is Future of Public Services, but Still Expensive in Brazil,' Folha de S.Paulo, 7 October 2017, http://www1.folha.uol.com.br/colunas/ronaldolemos/2017/07/1899775-certificacao-digital-e-futuro-de-servicos-publicos-mas-ainda-e-cara-no-brasil.shtml.

[14] Pedor Canario, 'In 2017, Public Confidence in Justice and MP decreased, Says FGV Study,' Consultor Juridico, 25 August 2017, https://www.conjur.com.br/2017-ago-25/2017-confianca-judiciario-mp-diminuiu-estudo.

[15] Janaina Penalva, 'CNJ Debates 10 Years Ago Salaries above the Ceiling,' Jota, 9 February 2017, https://jota.info/artigos/cnj-debate-ha-10-anos-salarios-acima-do-teto-02092017.


Brazil's Commitments

  1. Subnational Good Governance

    BR0100, 2018, Capacity Building

  2. Open Data Policy

    BR0101, 2018, E-Government

  3. Scientific Data Governance

    BR0102, 2018, E-Government

  4. Capacity-Building and Oversight on Nutrition Policy

    BR0103, 2018, Capacity Building

  5. Transport Data

    BR0104, 2018, E-Government

  6. Transparency and Oversight in Infrastructure Repair Processes

    BR0105, 2018, Capacity Building

  7. Increase Participation in Legislative Process

    BR0106, 2018, Capacity Building

  8. Urban and Rural Land Registers

    BR0107, 2018, E-Government

  9. Climate Change Policy Evaluation

    BR0108, 2018, E-Government

  10. Water Resource Management

    BR0109, 2018, Capacity Building

  11. National Electronic System/ATI implementation

    BR0110, 2018, E-Government

  12. Open Data on the Federal Government

    BR0084, 2016, Capacity Building

  13. Transparency of Public Funds

    BR0085, 2016, Capacity Building

  14. Access to Information Policy in the Federal Government – Promptness and Effectiveness to Information Requests

    BR0086, 2016, Capacity Building

  15. Access to Information Policy in the Federal Government – Requesters’ Personal Information Safeguard

    BR0087, 2016, Legislation & Regulation

  16. Effectiveness of National Policy for Social Participation Mechanisms

    BR0088, 2016, Capacity Building

  17. Digital Educational Resources

    BR0089, 2016, Capacity Building

  18. Open Data and Information Governance in Health

    BR0090, 2016, E-Government

  19. Prevention to Torture and Mean, Inhuman, or Humiliating Treatments in the Penitentiary System

    BR0091, 2016, Capacity Building

  20. Innovation Spaces for Management in Public Services

    BR0092, 2016, Capacity Building

  21. Assessment and Streamline of Public Services

    BR0093, 2016, E-Government

  22. Open Innovation and Transparency in the Legislative

    BR0094, 2016, Capacity Building

  23. Fostering Open Government in States and Municipalities

    BR0095, 2016, Capacity Building

  24. Transparency and Innovation in the Judiciary

    BR0096, 2016, Capacity Building

  25. Social Participation in Federal Government’S Planning Cycle

    BR0097, 2016, E-Government

  26. Open Data and Active Transparency in Environment Issues

    BR0098, 2016, Environment and Climate

  27. Mapping and Participatory Management for Culture

    BR0099, 2016, Capacity Building

  28. Probity Defense and Asset Recovery

    BR0033, 2013, Anti-Corruption Institutions

  29. Development of a Methodology for Social Participation on the Monitoring of the Pluriannual Plan (PPA) and on the Formulation of the Federal Public Budget

    BR0034, 2013, Capacity Building

  30. Development of the Monitoring System for the Social Movements Demands

    BR0035, 2013, Capacity Building

  31. Capacity-Building of Educators, Political Agents, Public Managers, Councilors for Social Policies and Community Leaderships

    BR0036, 2013, Capacity Building

  32. Encourage States and Municipalities to Endorse the OGP Four Principles

    BR0037, 2013, Capacity Building

  33. Implementation of the ODP.Nano

    BR0038, 2013, Oversight of Budget/Fiscal Policies

  34. Strengthening of the Office of the Comptroller General (CGU)

    BR0039, 2013, Anti-Corruption Institutions

  35. Online Accountability of Resources for Education Within the National Fund for Education Development

    BR0040, 2013, E-Government

  36. Generation of Knowledge and Capacity-Building of Managers and Public Resources Operator’S Partners and of Councilors for Social Control

    BR0041, 2013, Capacity Building

  37. National Program for Strengthening School Councils

    BR0042, 2013, Capacity Building

  38. Development of a Unified and Interactive Information Panel on the Implementation of the Water for All Program, Which Can Be Publicly Accessed Through the Internet

    BR0043, 2013, Capacity Building

  39. Digital Inclusion of Health Councils

    BR0044, 2013, E-Government

  40. Starred commitment Development of Tools for Increasing Transparency and Enhancing Land Governance

    BR0045, 2013, E-Government

  41. Implementation of the Document Management Policy in the Federal Government

    BR0046, 2013, Capacity Building

  42. Development of the “Access to Information Library”

    BR0047, 2013, Capacity Building

  43. Disclosure of Data from the Execution of the Union Budget and from Government Purchases

    BR0048, 2013, Fiscal Transparency

  44. Dissemination of the Public Open Data Culture to the Local Governments

    BR0049, 2013, Capacity Building

  45. Development of Support Technologies and Licensing Models for the Disclosure of Open Data

    BR0050, 2013, E-Government

  46. Disclosure of Information from Government Systems in an Open Data Format

    BR0051, 2013, Open Data

  47. Corporative Information Management in Social Security (E-Governance)

    BR0052, 2013, E-Government

  48. Improvement of Active Transparency and of the Unique Health System’ Ombudsman Unit

    BR0053, 2013, Health

  49. Strengthening of the National Audit System of the Unique Health System (SUS)

    BR0054, 2013, Audits and Controls

  50. Increasing Public Transparency of the Labor Relations Secretariat of the Ministry of Labor and Employment

    BR0055, 2013, E-Government

  51. Disclosure of Recommendations to Carry Out Public Audiences to Serve as Reference for the Government

    BR0056, 2013, Capacity Building

  52. Development of a Database of the Federal Public Administration Purchases Prices

    BR0057, 2013, E-Government

  53. Participatory Audits on the Constructions of Brazilian Host Cities for the 2014 FIFA World Cup

    BR0058, 2013, Audits and Controls

  54. Development of an Indicators Model for Transparency of Brazilian Municipalities Institutional Development

    BR0059, 2013, Capacity Building

  55. Development of a Brazilian Portal for the Open Government Partnership (OGP)

    BR0060, 2013, E-Government

  56. Development of Monitoring Reports on the Electronic Citizen Information System (e-SIC)

    BR0061, 2013, E-Government

  57. Encouragement of Social Participation

    BR0062, 2013, Anti-Corruption Institutions

  58. Formulation and Implementation of the Ministry of Defense’S Information Management Policy

    BR0063, 2013, Records Management

  59. Development of a Database of Administrative Documents Produced by Brazil’S Navy

    BR0064, 2013, Public Participation

  60. Open Educational Data

    BR0065, 2013, Education

  61. Improvement of Data Transparency from the National Consumer Protection Information System (Sindec)

    BR0066, 2013, Legislation & Regulation

  62. Restructuring of the Brazilian Federal Government Transparency Portal

    BR0067, 2013, E-Government

  63. Electronic System for Public Consultations

    BR0068, 2013, E-Government

  64. Improvement of Health Services Through the Increased Use of the National Health Card

    BR0069, 2013, Health

  65. Participatory Development of the Federal Ombudsman System

    BR0070, 2013, Justice

  66. “Brazil Transparent” Program

    BR0071, 2013, Capacity Building

  67. Development of the Unique Health System Letter

    BR0072, 2013, Health

  68. Digital Cities Project

    BR0073, 2013, E-Government

  69. Development of the National System for the Promotion of Racial Equality (SINAPIR)

    BR0074, 2013, Human Rights

  70. Improvement of Mechanisms for Social Participation in the Formulation of Public Policies

    BR0075, 2013, Public Participation

  71. Brazilian Portal for Social Participation

    BR0076, 2013, E-Government

  72. Open Data in the Ministry of Justice

    BR0077, 2013, Justice

  73. Improvement of the Pro-Ethics Company Registry

    BR0078, 2013, Private Sector

  74. Expansion of the Database of the National Debarment List (CEIS):

    BR0079, 2013, Open Contracting and Procurement

  75. Monitoring of the National Plan for Food and Nutrition Security (PLANSAN)

    BR0080, 2013, Health

  76. Development of an Information System on the Maria Da Penha Law (Law No. 11,340/2006)

    BR0081, 2013, Gender

  77. Development of Processes for Prior Consultation Under the 169 Convention of the International Labour Organization’S (ILO)

    BR0082, 2013, Labor

  78. Redesign of the Current Protection Programs

    BR0083, 2013, Human Rights

  79. Capacity Building Programs

    BR0001, 2011, Capacity Building

  80. Distance Education Program

    BR0002, 2011, Capacity Building

  81. Guide for Public Officials on Access to Information

    BR0003, 2011, Capacity Building

  82. Information Services Model

    BR0004, 2011, E-Government

  83. Diagnostic Study on the Transparency Values of Executive Branch

    BR0005, 2011, Right to Information

  84. Diagnostic Study on Role of Federal Ombudsman Units (FOUs)

    BR0006, 2011, Justice

  85. Research Study to Identify the Demands of Society in Regard to Access to Information

    BR0007, 2011, Right to Information

  86. Preparation of a Catalogue of Public Data and Information

    BR0008, 2011, Capacity Building

  87. Organization of a Meeting of the Inter-Council Forum Multi-Year Plan 2012–15 (Phase 2)

    BR0009, 2011, Capacity Building

  88. Organization of the 1st National Conference on Transparency and Social Control (1St Consocial)

    BR0010, 2011, Capacity Building

  89. Organization of the 1st National Open Data Meeting

    BR0011, 2011, Capacity Building

  90. Organization of the National Seminar on Social Participation

    BR0012, 2011, Capacity Building

  91. Partnership with the Digital Culture Laboratory

    BR0013, 2011, Capacity Building

  92. Partnership with World Wide Web Consortium (W3C) Brazil

    BR0014, 2011, Capacity Building

  93. Development of the National Open Data Infrastructure (INDA)

    BR0015, 2011, E-Government

  94. INDA Capacity Building Plan

    BR0016, 2011, Capacity Building

  95. INDA Awareness- Raising Activities

    BR0017, 2011, Capacity Building

  96. Launch of the Brazil Open Data Portal

    BR0018, 2011, E-Government

  97. Resource Transfer Agreements and Contract System (SICONV)

    BR0019, 2011, Fiscal Transparency

  98. Aquarius Platform

    BR0020, 2011, E-Government

  99. Data Warehouse

    BR0021, 2011, E-Government

  100. Restructuring the Transparency Portal

    BR0022, 2011, E-Government

  101. Facilitate Access to Specific Databases

    BR0023, 2011, E-Government

  102. Interactive School Development Plan

    BR0024, 2011, E-Government

  103. Control Panel for the Integrated Monitoring and Oversight System (Public Module)

    BR0025, 2011, E-Government

  104. United Suppliers Registry (SICAF)

    BR0026, 2011, E-Government

  105. Registry of National Education Prices

    BR0027, 2011, Education

  106. Contractual Management of IT Services

    BR0028, 2011, E-Government

  107. Implementation of Pro-Ethics Company Registry

    BR0029, 2011, Private Sector

  108. Systemic Integration of Ombudsman Units

    BR0030, 2011, E-Government

  109. Continued Training for Public Ombudsman Units

    BR0031, 2011, Capacity Building

  110. Public Services Portal

    BR0032, 2011, Open Data