Atuação do engenheiro civil como perito judicial no Tribunal de Justiça de Minas Gerais : um estudo de procedimentos e orientações

Abstract

Considering that judicial expertise plays a crucial role in resolving disputes involving technical matters and requires the expertise of qualified professionals to provide impartial and wellfounded analyses, this research explores the performance of Civil Engineers as Judicial Experts in the Court of Justice of Minas Gerais (TJMG) by studying procedures and guidelines. The aim is to understand the legal and technical requirements for the role of judicial expert and analyze the procedural steps involved in conducting civil engineering expert assessments within the context of the TJMG. To achieve this, the study investigates the applicable legislation and technical standards for judicial expertise in civil engineering, identifies the qualifications, skills, and requirements necessary for Civil Engineers to act as Judicial Experts in the TJMG, and analyzes the legal and procedural aspects of conducting expert assessments in civil engineering matters within the scope of the TJMG. For this purpose, a survey is conducted through the application of a questionnaire designed on the Google Forms platform, which is sent to groups of Civil Engineers working as Judicial Experts or beginning their careers in this field, to understand their main difficulties and doubts in this profession. Accordingly, it is found that among the participants working as Judicial Experts, their major difficulties and doubts lie in the adequate collection of relevant information and data, effective communication with the involved parties, handling pressures and deadlines set by the court, managing conflict or pressure situations during the process of Judicial Expertise, and understanding the steps and procedures involved in conducting a Civil Engineering Expert Assessment. This leads to the realization that the main guidelines and procedures for the performance of Civil Engineers as Judicial Experts in the TJMG have been meticulously structured in this work. The study addresses the necessary requirements and qualifications for the expert activity, emphasizing the significance of academic training and experience in the field of civil engineering. Furthermore, it discusses the procedures and stages involved in conducting the expertise, from contacting the involved parties to the elaboration and presentation of the judicial report. Based on the bibliographic review, legislations, technical standards, and the questionnaire applied to professionals in the field, valuable guidelines covering all stages of the expert process have been compiled. It is believed that the content presented in this work can significantly contribute to improving the performance of these professionals, ensuring greater efficiency and quality in the produced expert reports.