The fourth recurable class of the Special Courts of the State of Rio Grande do Sul, unanimously, granted security in the first electronic security warrant of the recursal classes since the implementation of the electronic process. The decision made nulls the rear of the Impetrant information that it had not accessed the electronic process before the conciliation hearing.

The reason for deciding was based on the principles of due legal process and broad defense, both violated by the lack of access to electronic files due to digital failure in the system, despite the irrecoribility of interlocutory decisions in the system of special judgments.

The petitioner was quoted via facsimile, with fulfillment of measurement injunction for compliance within 4 hours, under penalty of a daily fine of R $ 10,000.00 (ten thousand reais), with the information that the notary should check the "document view failure". Obaced access to electronic files and the imminence of the application of the daily fine, even sabedotor of the motives of the discontent of the author, the petitioner made several contacts with the notary. Still, the judgment maintained the designation of the conciliation hearing, which ran to the Impetrant.

Due to the evidence of irreparable damage, since the petitioner had caught its net and right law, making it impossible to comply with the judicial order and to promote defense, the public prosecutor for the granting of security. The opinion remained welcomed by the rapporteur and the judges of Law.