Fabrício Castagna Lunardi

Prof. Dr. Fabrício Castagna Lunardi

Master of Laws, ENFAM - National School for the Training and Improvement of Magistrates, Brasília, Distrito Federal, Brazil
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Research Focus & Metrics

Academic Career Length

15Years (2012-Present)

(Calculated once Scilit publication data is synced: current year − year of first publication + 1)

Representative Publications

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11 May 2022 in Laws
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Journal Article
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Sandra PereiraSandra Pereira
Sandra Pereira
Pedro Miguel Alves Ribeiro CorreiaPedro Miguel Alves Ribeiro Correia
Pedro Miguel Alves Ribeiro Correia
PPPatrícia Jardim da Palma
Patrícia Jardim da Palma
Liliana PitachoLiliana Pitacho
Liliana Pitacho
Fabrício Castagna LunardiFabrício Castagna Lunardi
Fabrício Castagna Lunardi
Judges are the central actors in the organization and functioning of the judicial system. Concerns about work efficiency, driven by the European Commission for the Efficiency of Justice, led countries to adopt a set of reforms in line with private sector ideals applied to the public field to better manage their financial and human resources. In the last decades, the Portuguese judicial system has undergone a reform based on New Public Management principles by adopting the new Law on the Organization of the Judiciary System (LOSJ), significantly altering judges’ duties, who beyond their traditional role of applying the law, perform the additional role of court-of-law judge-manager. The objective of this study is to explore the influence of role conflict and role ambiguity in occupational burnout among judges and to analyze the influence of calling orientation as a moderating variable, so as to present a conceptual model of role-stress management among the judiciary. Theoretically, this work contributes to the literature on role-stress management through its introduction of calling moderation, as well as to the literature on the positive influence of calling on burnout. In terms of its practical implications, the work contributes to a reconsideration of the current organizational structure of judicial work.

10 February 2024 in Social Sciences
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BMBeatriz Moraes
Beatriz Moraes
Fabrício Castagna LunardiFabrício Castagna Lunardi
Fabrício Castagna Lunardi
Pedro Miguel Alves Ribeiro CorreiaPedro Miguel Alves Ribeiro Correia
Pedro Miguel Alves Ribeiro Correia
This study investigates the influence of geographical barriers and the challenges and advantages presented by information and communication technologies on digital governance within the judicial branch in the Brazilian Amazon region. The primary objective is to provide diagnoses and recommendations that can inform the construction of research for the development of policies aimed at enhancing access to judicial services by riverside populations. The methodology initially employed was a comprehensive literature review on digital governance within the judiciary and access to justice for vulnerable groups in a geographical context. Subsequently, a qualitative study was conducted, employing participant observation in the riverside communities of Itapéua and Boca do Una, situated along the Jaurucu River within the Porto de Moz District in the state of Pará. The insights garnered from respondent perceptions and participant observations were synthesized to formulate five key dimensions for digital governance and access to justice within Amazonian communities: (1) one’s experience with justice, (2) access to information, (3) geographical barriers, (4) user-friendliness of technology, and (5) resources and infrastructure supporting technology use. The study concludes that there are compelling indications that tailored digital governance and technology utilization by the judiciary, adapted to regional nuances, can significantly contribute to streamlining access to judicial services.

30 July 2024 in Revista de Investigações Constitucionais
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Journal Article
Open access
LFLuiz Otávio Rezende de Freitas
Luiz Otávio Rezende de Freitas
Fabrício Castagna LunardiFabrício Castagna Lunardi
Fabrício Castagna Lunardi
Pedro Miguel Alves Ribeiro CorreiaPedro Miguel Alves Ribeiro Correia
Pedro Miguel Alves Ribeiro Correia
O presente artigo tem o objetivo de investigar como os novos intermediários da expressão, a exemplo das plataformas de mídia online e das redes sociais, realizam a regulação do discurso, a partir da moderação de conteúdo e impulsionamento de opiniões emitidas pelos usuários, e como essa atuação influencia o debate sobre a liberdade de expressão. Utiliza-se a metodologia análise jurisprudencial, para delimitar o problema, bem como revisão de literatura e levantamento de dados, para identificar os novos intermediários da expressão, com análise suas principais características, modos de atuação, curadoria de conteúdo online e possibilidades de censura por atores privados. A pesquisa apresenta os seguintes resultados: a) as grandes plataformas de acesso e as redes sociais, na prática, controlam a liberdade de expressão, pela censura prévia, coleta de dados pessoais e controle do fluxo informacional; b) ainda não houve resposta institucional internacionalmente coordenada e efetiva, sobretudo em razão da dificuldade de transposição de regras locais a empresas com atuação mundial; c) o Estado passa a ocupar o papel de ator central para proteger, no mundo digital, a livre circulação do pensamento, a intimidade/privacidade, a isonomia, a verdade do conteúdo inserido e, por conseguinte, a higidez da democracia no século XXI.

17 October 2023 in Laws
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António OliveiraAntónio Oliveira
António Oliveira
RPRicardo Pedro
Ricardo Pedro
Pedro Miguel Alves Ribeiro CorreiaPedro Miguel Alves Ribeiro Correia
Pedro Miguel Alves Ribeiro Correia
Fabrício Castagna LunardiFabrício Castagna Lunardi
Fabrício Castagna Lunardi
In this paper, we seek to define the Portuguese Electronic Jurisdictional Administrative Procedure and characterize the scope and success of its implementation in terms of access to justice and court efficiency. It encompasses different perspectives on the judicial system and the electronic administrative procedure, reflecting the diversity of its authors, and combines a theoretical approach and discussion with statistics produced with official judicial data. Therefore, it introduces the issue and its background and discusses the models and principles of electronic judicial procedure and its representation in the Portuguese judicial procedure and law. It also presents the Portuguese exceptional and temporary regime for conducting judicial hearings in the context of the COVID-19 pandemic, discussing its merits and presenting the corresponding judicial statistics. The paper concludes that the advent of electronic judicial procedure, driven by technological advancements and aiming to achieve procedural effectiveness and efficiency, represents a paradigm shift and a change in the nature of the legal process, i.e., an ontological transformation in the theory of the process that requires a robust conceptual framework, to ensure consistent interpretation and application of procedural law and to guarantee respect for equality and legal certainty.

1 January 2024 in Revista Direito GV
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LBLivia Lúcia Oliveira Borba
Livia Lúcia Oliveira Borba
Fabrício Castagna LunardiFabrício Castagna Lunardi
Fabrício Castagna Lunardi
TGTomas Aquino Guimarães
Tomas Aquino Guimarães
This article investigates the managerial competences that are most important for state trial court judges in the performance of their managerial tasks, and the relationship between these competences and management practice. This topic has not been fully explored in the scientific literature and the present study employed a qualitative approach supported by interviews, and document analysis. The research is a case study of the trial court of Espinosa City, of the Minas Gerais State Court, Brazil. The performance of this court is outstanding when compared with other similar trial courts. We interviewed 13 key actors in that judicial unit, including four judges, the court secretariat manager, five officials, a social worker, a prosecutor, and a lawyer. Each interview was conducted using a semi-structured interview schedule. The data was assessed using content analysis, with the support of ATLAS.ti and Iramuteq software. The results evidence eight judges’ managerial competencies and one resource (support team expansion). The competences are the following: People Management and Team Leadership, Judicial Proceedings Management, Communication, Systemic Vision, Innovative Action, Information Management, Technical Managerial Competence, and Outcomes-Oriented Management. These results and their relationship with court performance are herein discussed. A research agenda, managerial implications and improvements in the Judiciary’s management policies are also set out.

23 June 2024 in Virtual Economics
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JFJose Gomes De Araujo Filho
Jose Gomes De Araujo Filho
Fabrício Castagna LunardiFabrício Castagna Lunardi
Fabrício Castagna Lunardi
AGAdalmir de Oliveira Gomes
Adalmir de Oliveira Gomes
Pedro Miguel Alves Ribeiro CorreiaPedro Miguel Alves Ribeiro Correia
Pedro Miguel Alves Ribeiro Correia
This article explores access to justice for a local population in the Brazilian Amazon region and the opportunities generated by digital transformation in the judiciary, focusing on the case of Porto de Moz, Para, Brazil. While access to justice has been extensively examined through various theoretical lenses within the realm of social sciences, a noticeable void persists in the scientific discourse concerning access to justice for riverside communities within the Amazon region. Consequently, this study delves into the challenges confronted by the Judiciary and other components of the justice system in a Brazilian region characterized by heightened structural intricacies, underscored by the geographic isolation of its populace and a dearth of public services. The primary objective of this research is to elucidate the perspectives of riverside residents in the Amazon region regarding impediments and enablers to accessing justice services. To achieve this goal, there was undertaken a case study within one of the riverside communities in the municipality of Porto de Moz, situated in the state of Pará, Brazil. Employing document analysis and focus groups with local residents, the empirical research sheds light on the prevailing scenario. The findings of the study reveal that the predominant barriers to accessing justice in the surveyed riverside community include geographical isolation, technological constraints – such as unreliable energy infrastructure – and the virtual absence of public authorities in delivering essential services. Conversely, key facilitators of access encompass public-private partnerships, the establishment of digital inclusion points, and itinerant justice initiatives.