The Supreme Court of Justice (SCJN) issued two new resolutions aimed at accelerating the process of digitalization of the Justice system.
The Supreme Court's measures were published this Wednesday (15.04.2020) in the Official Gazette.
On April 13, the SCJN had issued two Resolutions in the context of the pandemic and its consequent social isolation, which, among other things, has caused the necessary closure of national courts, with the issuance of consecutive extraordinary fairs. Despite this, the possibility of certain urgent presentations that could be made digitally had been left open.
Now, through the Agreed 11/2020 that refers to the electronic process which the Court had already been developing for judicial proceedings, the need is noted accelerate such implementation based on publicly known events.
That is why the Court agreed:
a) Approve the use of electronic and digital signatures within the scope of the Supreme Court of Justice of the Nation with respect to the different jurisdictional and administrative acts signed by the Ministers and Secretaries of this Court - this without prejudice to what will be arranged by another agreement with regard to the other courts that make up this Judicial Branch of the Nation.
b) Establish that in cases where electronic or digital signature is applied, the use of paper support will not be necessary, with the resolution being in electronic support, the storage and safekeeping of which will be the responsibility of the Court's Systems Department.
c) To entrust the National Commission for Judicial Management and the Court's Systems Directorate with the adoption of all measures necessary for the quickest implementation of what is resolved here, which, among other aspects, includes:
-the development and implementation of the necessary computer systems.
-the development of a system that allows for the remote submission of complaints for denial of extraordinary appeals and lawsuits that are initiated in the Secretariat of Original Trials of the Supreme Court of Justice of the Nation.
-the entry of digital documents with electronic signature granted by the Judicial Branch of the Nation, to lawyers, to the Public Prosecutor's Office, to the Public Defense Office and in general to any other procedural subject involved, whether as an agent or sponsor.
- the digital circulation, with sufficient security measures, and prior digitalization, of judicial proceedings. For these purposes, priority should be given to the following cases: those that are one vote short of being able to be sentenced, starting with those in which there are no dissenting opinions, those that are urgent and those that have been agreed to be included in a list of important cases to be decided by the Court.
-the treatment and traceability of the internal workflow.
In addition, they are tasked with implementing all the functionality they deem necessary to improve the economy and speed up the processing that the processes require.
Then and through the Agreed 12/2020, The extension of such digital means for actions before lower courts was arranged, whose highlights are:
a) Approve the use of electronic and digital signatures within the scope of the Judicial Branch of the Nation with respect to all judges and officials of lower courts who carry out their activities with the Judicial Management System.
b) Establish that, in cases where electronic or digital signature is applied, the use of paper support will not be necessary, with the resolution being in electronic support, the storage and safekeeping of which will be the responsibility of the General Directorate of Technology and the General Directorate of Information Security of the Council of the Judiciary of the Nation.
c) Order that, as long as the public health reasons that the country is experiencing as a result of the coronavirus pandemic last, the provisions of the first paragraph of article 11 of decree-law 1285/58 - ratified by law 14.467 - regarding the magistrates who are members of lower courts, may be fulfilled by virtual or remote means.
d) Approve the “Procedure for receiving claims, filing direct appeals and complaints before the Chamber”, which is included in this document as an Annex; which will enter into force as of April 20 of this year.
e) Establish that the National Commission for Judicial Management of the Supreme Court of Justice of the Nation, the General Directorate of Technology and the General Directorate of Information Security, the latter two of the Council of the Judiciary of the Nation, must provide everything necessary for its immediate implementation.
f) To make known the content of this document to the Council of the Judiciary, to all federal and national chambers and, through them, to the courts that depend on them, and to the federal oral courts.
What remains now is to make these means immediately available for use.
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