FROM ELECTRONIC PROCESS OF LAW TO PUBLIC DOCUMENT: AN ANALYSIS OF CONSERVATION OF COURT CASE AS A PERMANENT FILES

• Main Authors: Elaine Harzheim Macedo, Renan Matheus Macedo Tolfo
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2017-12-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: arquivos judiciais, conservação dos autos, documentos digitais, e-processo
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/25362

The management of documents produced by the Judiciary in the exercise of its judicial function constitutes a constitutional duty of the judicial public administration, since custody and access to these documents are important points of connection between History, Archives and Law. As a problem there is the risk of inadequate preservation of electronic judicial files. The purpose of this study is to find a system that meets the archival preservation requirements. The deductive method is used, having as main premise the duty of preservation of documents. A minor premise derives from the custody of the electronic files representing the judicial process. The typological auxiliary method was chosen in search of an ideal type of systematic preservation. It uses bibliographic and documentary research of the national legislation, explaining the phenomenon and proposing a possible solution for document maintenance, concluding by the use of Archivematica in the judiciary.