Electronic Judicial Auctions as an Anti-Fraud Instrument

Gianfrancesco Genoso, Rosane Pereira Dos Santos

Résumé

The electronic auction was introduced in the Brazilian Judiciary Branch by Law No. 11,382/2006, and is regulated by Law No. 13,105/2015, New Brazilian Civil Procedure Code (Novo Código de Processo Civil). The statute has the following purposes: (i) to increase transparency and effectiveness of legal acts designed to satisfy creditors, to the extent that the possibility of bidding and purchasing auctioned goods has become a reality through the Internet for an unlimited number of interested parties; (ii) and by extension, to contribute toward settling judgment actions, serving as a useful instrument for reducing the length of judgment actions, in accordance with the principle of reasonable procedural times enshrined in article 5, LXXVIII, of the 1988 Brazilian Federal Constitution, a provision inspired in the “6th Amendment to the American Constitution – which ensures the right to a speedy trial” and reinforced by the applicable jurisprudence of the international human rights courts; (iii) to reduce the influence of groups that have traditionally manipulated auctions organized within the Judiciary as a means to defraud the integrity of procedures.

Ten (10) years on from incorporation of the procedure in the Brazilian judicial system reveal that the rules regulating the procedure require continual revision in order to adapt them to new digital platforms and expand the number of beneficiaries, increase the speed of proceedings, and, moreover, reduce the costs to parties and the Judiciary, while serving to confirm, by extension, that the initial objectives have been met, without significant distortion

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