A audiência de instrução via videoconferência e responsabilidade civil dos advogados: análise jurisprudencial do Tribunal de Justiça do estado de São Paulo ante o contexto pandêmico

Abstract

The scenario faced of the COVID-19 pandemic, brought a new context for the processing of procedural acts, implying the need to carry out changes to adapt the different areas of society to this reality. This article makes a brief analyses about use virtual court hearing in front of pandemic context, caused by virus of COVID-19, addressing regulations on the subject, edited during the context, civil procedural legislation and others, highlighting the analysis of civil responsibility in a limited time frame of the article. The paper also outlines about instrumentalization of digital platforms as mechanism capable of ensure and promote the full realization of procedure act, connecting with predictions contained in Brazilian law and regulations to assure the practice of the act and, consequently, the continuous supply of judiciary support in this pandemic context. The general objective of the research is to analyze, in that space of time, the possibility of transgression of the guarantees civil procedural code and the implications in the civil responsibility of lawyers, considering the decisions of Court of Justice of the State of São Paulo in the period of 1st May, starting from the effectiveness of Resolution number 314 of National Council of Justice, that disciplines the instruction virtual court hearing in pandemic context, util the first semester of 2022, with the purpose to get deeper results. All decisions have the indexers “Court hearing”, “instruction”, “videoconference” and “COVID-19”. The initial chapters are descriptive and are intended to analyze the instruction hearings before the Brazilian civil procedure, as well as, in a second moment, the type of civil responsibility of lawyers is analyzed. The identification of these characteristics made it possible to understand the implications for the institute of civil responsibility of lawyers in samples found in Court of São Paulo. The results point to the possibility of civil responsibility of lawyers in the face of non-compliance with procedural duties, as well as corroborate with the revelation of the sentence referring to the process in which a deficient performance was provided, fulfilling the requirements for the accountability of the lawyer, confirming it if the initial hypothesis.