EVENTUAIS VIOLAÇÕES DA PUBLICIDADE E DE OUTROS PRINCÍPIOS DO MODELO CONSTITUCIONAL DO PROCESSO CIVIL PELO JULGAMENTO VIRTUAL E PLENÁRIO VIRTUAL.

Publicity is an essential principle in a Democratic State under the Rule of Law, republican in nature, where, through the mechanisms of checks and balances, the 'branches' of government constrain one another. Publicity, as a democratic element, goes beyond this, as it allows for the exercise of control over the limitation of state powers by both the citizens and the government itself. The purpose of this article is to didactically analyze the concept of “publicity of procedural acts” based on the study of the Federal Constitution, examining its functions and limitations, and then analyzing it under the perspective of the Civil Procedure Code. After such analyses, we will examine the so-called 'virtual plenary' within the brazilian Supreme Court, and the concepts of 'electronic trial sessions' and ‘recorded oral arguments’, in order to conclude, at the end of the article, whether there has been a violation of the publicity of procedural acts as a result of Resolution No. 591 of September 23, 2024, by the National Justice Council (CNJ).