The president of the Federal Supreme Court (STF) and the National Council of Justice (CNJ), Justice Luís Roberto Barroso, called on the entire judiciary to join the National Pact of the Judiciary for Plain Language. The measure was announced on Monday (December 4th), during the opening ceremony of the 17th National Meeting of the Judiciary, promoted by the CNJ in partnership with the Court of Justice of the State of Bahia (TJBA). The event takes place in the city of Salvador (BA) on December 4th and 5th.
The goal of the Pact is to adopt direct and understandable language in the production of judicial decisions and in the general communication of the judiciary, making justice more accessible to the population and thus contributing to the improvement of the exercise of democracy in society. "Too often, we are not understood. Much of the criticism of the judiciary stems from a lack of understanding of what we are deciding. Codified language, hermetic and inaccessible language, ends up being an instrument of power, an instrument of exclusion of people who don't have that knowledge and therefore can't participate in the debate," he said.
"And almost everything we decide can be explained in simple language that people can understand. Even if it's to disagree, but to disagree with what they understand," he added. Barroso emphasized that simple language in justice is behind the strengthening of democracy by promoting equal access to information and the participation of all individuals in the legal system.
The challenge, according to Barroso, is to combine good legal technique with the adoption of brief language in communication. "This needs to be taken on as a commitment by the national judiciary," he said. Barroso defended what he called the "brevity revolution". As simple language also presupposes accessibility, the Pact requires courts to improve forms of inclusion, such as the use of the Brazilian Sign Language (Libras), audio description and other similar tools, whenever possible.
Direct and concise language should be used in documents, public announcements, orders, decisions, rulings, votes and judgments. The minister also noted that Judges, whenever possible, should explain the impact of the decision or judgment on the lives of citizens, and should seek to use summarized versions of votes in trial sessions. The protocols for events should also be revised, dispensing with excessive formalities whenever possible.
DIRECT LANGUAGE
The Pact articulates the actions of the courts through five main axes: the first involves the use of simple and direct language in court documents, without unnecessary technical expressions, and the creation of manuals and guides to advise citizens on the meaning of the technical expressions that are indispensable in legal texts. The second axis encourages the use of summarized versions of votes in trial sessions, as well as the brevity of pronouncements at events promoted by the Judiciary. It is also planned to promote protocols for events that seek to avoid excessive formality whenever possible.
The third axis of the Pact involves the initial and ongoing training of magistrates and civil servers to prepare texts in simple language that is accessible to society in general. It also provides for the promotion of wide-ranging campaigns to raise awareness about the importance of access to justice. The fourth axis encourages the development of platforms with intuitive interfaces and clear information, as well as the use of audio resources, explanatory videos and translations to make documents and information from the Judiciary easier to understand.
Finally, the Pact will work to promote inter-institutional and social coordination through several actions, such as creating a network to defend the rights of access to justice with simple and clear communication; sharing good practices and simple language resources; creating joint training programs for civil servers to promote accessible and direct communication; and establishing partnerships with universities, media outlets or digital influencers for technical cooperation and the development of language simplification protocols.
The National Pact of the Judiciary for Plain Language follows the principles of fundamental rights and guarantees of access to justice, information and the reasonable duration of proceedings, all of which are provided for in the Federal Constitution of 1988. The measure is also based on the international human rights instruments to which Brazil is a signatory, such as the Universal Declaration of Human Rights, the Pact of San José de Costa Rica, the Convention on the Elimination of All Forms of Racial Discrimination, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance, and the Rules of Brasilia on Access to Justice for People in Conditions of Vulnerability.
PLAIN LANGUAGE STAMP
To encourage courts to use plain language, the CNJ established the Plain Language Stamp, which was also presented during the opening ceremony of the 17th ENPJ, with the signing of the Ordinance 351/2023. Its purpose is to recognize and encourage, in all segments of the judiciary and at all levels of jurisdiction, the use of language that is direct and understandable to all citizens in the production of judicial decisions and in general communication with society.
In addition to the accession to the Pact of the Judiciary for Plain Language, the certification of justice sectors with the Plain Language Stamp must also comply with criteria such as simplifying the language in documents, without unnecessary technical expressions; creating manuals and guides to advise citizens on the meaning of technical expressions that are indispensable in legal texts; brevity in communications; and creating protocols for events that avoid excessive formalities whenever possible.
The Stamp will be awarded annually, always in October, when the Day of the International Plain Language is celebrated (October 13th).
