Notes on recent developments in the Portuguese electronic process in civil procedure

Abstract

In the Portuguese legal system, a gradual process of application of new information and communication technologies (ICT) to the service of justice has been developed. In order to obtain rapid results in the satisfaction of effective judicial protection, it has implemented the dematerialization of the process and the electronic processing in judicial processes, as aspects of e-justice, also defended at the level of the European area of justice.  As the new paradigm of justice emerges, where the idea of "digital by definition" prevails, expressed in the e-Justice Strategy for 2019-2023 and in the European e-Justice Action Plan for 2019-2023, the Member States of the European Union are following this movement.  Recently, in Portugal, the amendment of the regime for the electronic processing of judicial proceedings (Decree-Law nr. 97/2019, of July 26th) proved this intention. Nevertheless, it is essential, on behalf of the citizens' guarantees, that the digital phenomenon do not compromise justice and the citizens' guarantees. In this context, the purpose of the present study is: i) present the European framework of e-justice, in the dematerialisation of the process; ii) analyse the essential features of the recent amendments to the Portuguese electronic process; iii) evaluate its compatibility with procedural guarantees. The analysis of the European and domestic legal frameworks, based on general procedural principles and procedural guarantees, shows that the dematerialisation of the process and the electronic procedure are well developed in domestic disputes and that it is expected to be further developed in cross-border disputes, in particular through interoperability. However, all this development is still encountering difficulties and will have to be implemented with due regard for procedural guarantees.