The Courts in the Face of the COVID-19 Crisis: An Analysis of the Measures Adopted by the Brazilian Judicial System

Marcos De Moraes Sousa,Renato Máximo Sátiro,Jessica Vitorino Martins

doi:10.36745/ijca.388

Abstract

The crisis caused by COVID-19 has triggered a series of changes at the global level, resulting in a rapid change in the way social relations are organized. The state is no exception to this complex scenario, and is responsible for making available to citizens the various administrative provisions essential to life in society, one of which is justice. In this context, the aim of the present work is to analyse the institutional response of the judiciary branch in Brazil to the pandemic period of the new coronavirus, contrasting the normative actions taken by the judiciary with the results obtained with these interventions. To that end, at first, the main regulations that have underpinned the conduct, positioning and action of the judiciary since the beginning of the crisis in Brazil, which occurred in March 2020, were collected and analysed in a total of 57 official documents issued by the Brazilian justice authorities. A posteriori, the report “Assessment of the impacts of the pandemic caused by COVID-19 on the court’s work processes” was analysed, which includes analyses related to the adoption of rules relevant to issues of administrative management, procedural management and also the perceptions of impacts and difficulties due to the pandemic, as well as the other official documents published by the National Council of Justice – CNJ that provides statistics about the judicial indicators in times of pandemic. The data show a fast and comprehensive performance in the various fields in which justice operates, revealing a concern with health, social, administrative issues, among other aspects. The Judiciary has acted in an administrative unit, based on the regulations of a higher authority or of higher courts.

Highlights

In December 2019, in the province of Hubei, China, a continuous outbreak of pneumonia associated with a new coronavirus (SARS-CoV-2) was reported
The role of the courts in the COVID-19 crisis When the COVID-19 crisis erupted, a profusion of government measures was observed in the three spheres of government and in all the branches of the Republic in an attempt to coordinate efforts to tackle it
While for a long time the “crisis of the judiciary” had been pointed out as a justification for reform, the COVID-19 crisis culminated in a reinforcement of the search for new solutions that result in an effective speed and effectiveness to the judicial services provided by the courts

Summary

Introduction

In December 2019, in the province of Hubei, China, a continuous outbreak of pneumonia associated with a new coronavirus (SARS-CoV-2) was reported. The level of morbidity of the disease seemed low, but within a few weeks it spread to all continents,[1] and is receiving worldwide attention.[2] It was perceived that the fight against the disease would be a medical problem, and, above all, a public management problem.[3] In this scenario, the public system in general and its character as a traditionalist administration was affected[4] and the courts were not immune to this context.[5] It is believed that the crisis will have a strong impact on the courts by triggering an increase in civil litigation resulting in a “tsunami” of new claims.[6] In addition, there is an expectation on the part of society that the judiciary will stand out among the other powers and be able to demonstrate more efficacy, efficiency and effectiveness, guaranteeing rights and ordering social relations.[7]

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