Judicial expertise in the post-pandemic era.

Abstract

Introduction:In December 2019, the new coronavirus was recognized as the etiologic agent of a severe case of pneumonia in the city of Wuhan, China. The COVID-19 outbreak was initially defined by a series of epicenters and arrived in Brazil in February 2020, causing social isolation and suspension of on-site service provision, including in the Judiciary. There has been an exponential increase in lawsuits awaiting judicial expertise. The resumption of on-site judicial activities is a reality in the immediate post-pandemic, but it represents a major threat to Justice.Objectives:To propose a COVID-19 Contingency Plan specific for the environments of judicial expertise that indicates preventive measures complying with the provisions set forth by the health authorities to face the pandemic.Methods:We conducted a review of published Laws and Protocols of Standards and Conducts and developed a COVID-19 Contingency Plan for judicial investigations.Results:Opinions issued by the Brazilian Federal Council of Medicine contraindicate virtual medical expertise. The judicial expert assistance must return in person, but after ensuring the health protection of the participants of the Expert Act with the effective application of a COVID-19 Contingency Plan. Judicial experts have the duty of conforming to standards and ensuring the effective application of the Contingency Plan in the conduction of judicial investigations.Conclusions:The COVID-19 Contingency Plan has guidelines aimed at mitigating the risks of COVID-19 transmission in environments of judicial expertise. The Expert of the Court must be attentive to the dictates of the health authorities, adapting to the measures indicated promptly and immediately.