Revisiting the Concept of Jurisdiction in the Digital Era
Revisiting the Concept of Jurisdiction in the Digital Era
Author(s): Vesna Ćorić Erić, Ana S. Knežević Bojović, Fernanda Florentino Fernandez Jankov, Justice Alessandro Diaferia
Subject(s): Law, Constitution, Jurisprudence
Published by: Institut za uporedno pravo
Keywords: digital jurisdiction; artificial intelligence; judicial digitalisation; cross-border justice; procedural law transformation; comparative law dialogue; access to justice
Summary/Abstract: This book arises from the international conference “Revisiting the Concept of Jurisdiction in the Digital Era”, held at the Rectorate of the University of Belgrade on 12 September 2024. The event was organised by the Institute of Comparative Law, Belgrade, in partnership with the Faculty of Law of the University of São Paulo, and supported by the University of Belgrade, under the auspices of its Rector Prof. Dr Vladan Đokić. It also benefited from the collaboration of the Associação de Juízes Federais (AJUFE), under the leadership of its President, Juiz Federal Caio Castagine Marinho, with the participation of Hon. Justice Alessandro Diaferia, Vice-President for the 3rd Region, who contributed both institutionally and as coeditor and author of this volume. The purpose of the conference was to explore how the digital revolution reshapes the traditional concept of jurisdiction. The discussions examined the evolution of the balance of powers, from the French to the American model, and the growing valorisation of the judiciary. They also addressed the challenges presented by artificial intelligence, electronic procedures, cross-border communication, and the erosion of territorial boundaries. The conceptual anchor of this collection of papers is the contribution of Prof. Dr Flávio Luiz Yarshell, Full Professor of Law at the Faculty of Law of the University of São Paulo (USP). His essay, “Where is Jurisdiction Heading?”, provides a rigorous and innovative reflection on the trajectory of jurisdiction, addressing consensual mechanisms, self-help, artificial intelligence, and the transformations of procedural law .
- Print-ISBN-13: 978-86-82582-42-7
- Page Count: 2018
- Publication Year: 2025
- Language: English
WHERE IS JURISDICTION HEADING?
WHERE IS JURISDICTION HEADING?
(WHERE IS JURISDICTION HEADING?)
- Author(s):Flávio Luiz Yarshell
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Sociology of Law
- Page Range:3-22
- No. of Pages:30
- Keywords:General theory of procedural law; dispute resolution mechanisms; self-help; resolution of the dispute by the parties themselves; adjudicative solutions; jurisdiction; technological advancement; artifi
- Summary/Abstract:The classical perspective of jurisdiction – understood as the power to resolve disputes through adjudication and/or as the scope of authority conferred upon different bodies – has been challenged in the modern era, particularly (though not exclusively) due to technological progress. This article examines the expansion of self-help and consensual dispute resolution mechanisms, as well as their potential impact on adjudicated solutions. Additionally, it investigates whether and how the authority to resolve conflicts through adjudication is shifting.
APPLICATION OF ARTIFICIAL INTELLIGENCE IN DECISION-MAKING BASED ON LEGAL PRAGMATISM
APPLICATION OF ARTIFICIAL INTELLIGENCE IN DECISION-MAKING BASED ON LEGAL PRAGMATISM
(APPLICATION OF ARTIFICIAL INTELLIGENCE IN DECISION-MAKING BASED ON LEGAL PRAGMATISM)
- Author(s):Daniel Raupp
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
- Page Range:23-36
- No. of Pages:14
- Keywords:artificial intelligence; decision-making; judicial efficiency; law; legal pragmatism
- Summary/Abstract:This article examines the integration of Artificial Intelligence (AI) in judicial decision-making through legal pragmatism principles. The study analyses how AI can enhance judicial decisions while addressing barriers to justice, focusing on three key areas: AI's current legal applications, legal pragmatism's theoretical framework, and their practical synthesis in judicial systems. The research first explores AI classification in legal contexts, examining how machine learning and generative AI process legal data, predict outcomes and model scenarios. It then analyses legal pragmatism's core principles – anti-foundationalism, contextualism, and consequentialism and their impact on judicial decision-making. Finally, it demonstrates how AI can enhance pragmatic judicial decisions through precedent analysis, consequence evaluation, context assessment, bias mitigation, and discretion reduction. Using deductive, analytical, and inductive methods, this study shows that AI integration, guided by pragmatic principles, can improve judicial efficiency while promoting transparency and consistency in legal reasoning.
CHALLENGES IN UNDERSTANDING THE CONCEPT OF MONETARY JURISDICTION IN THE DIGITAL ENVIRONMENT
CHALLENGES IN UNDERSTANDING THE CONCEPT OF MONETARY JURISDICTION IN THE DIGITAL ENVIRONMENT
(CHALLENGES IN UNDERSTANDING THE CONCEPT OF MONETARY JURISDICTION IN THE DIGITAL ENVIRONMENT)
- Author(s):Marko Dimitrijević
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
- Page Range:37-49
- No. of Pages:13
- Keywords:digitalisation; central bank; monetary law; monetary jurisdiction; monetary innovations
- Summary/Abstract:The subject of the analysis in the paper is an overview of the features and ways of implementing the concept of monetary jurisdiction in the context of the information revolution and the digital environment, which implies the need to adjust the established monetary-legal settings that arose in the period of classical monetary legislation to the tendency of commercialization of monetary and financial innovations (even when these innovations in a legal and technical context have not been sufficiently developed to guarantee legal predictability and the security of transactions in monetary circulation, which represents a kind of monetary-legal paradox). Namely, in contemporary monetary law and the law of central banks, the concept of monetary jurisdiction refers to the area of state territory where (primary and secondary) monetary legislation is applied to protect monetary stability as a public good, as well as the special economic rights of citizens who live within it (monetary inhabitants) to have a solid and stable currency. As such, the concept of monetary jurisdiction is a reflection of state nominalism (i.e. the dominance of the state theory of the legal concept of money), of which courts in monetary disputes, as a special category of administrative disputes, in which the active and passive procedural legitimation of central banks should be aware must take account. Although the concept of monetary jurisdiction has for a long time, in the science of monetary law, displayed elements of a (relatively) static category (due to the unquestionable validity of state nominalism, according to which only the state, i.e., the central bank has the legal authority to issue money), the normative dynamism that shapes it today, more than ever before in monetary history is conditioned by the emergence of decentralized financial technologies that have led to not only the emergence of private digital money (thereby actualizing the social theory of money in which the attitude of citizens about what will be used as money is crucial for the survival of monetary units), but also extensive research into issuing digital money by central banks as a new form of sovereign (public) money. This development imposes the need to adjust the concept of monetary jurisdiction so that it becomes more digital (and at the same time less territorial-physical, because it is not exhausted within the borders of the bearer of monetary sovereignty), which gains special complexity when consumers satisfy their preferences by relying on networks of financial innovations. By applying the axiological, comparative, and dogmatic methods, the author seeks to examine the relevance of established understandings of the concept of monetary jurisdiction in the circumstances in which information technologies have a direct impact on the understanding of the subject and field of application of monetary legislation in practice and their (in)applicability in a world where technologies create a certain (parallel) order per se, in which according to the author's opinion, the task of monetary law consists precisely in adapting traditional statements about the competence and field of action of central banks to the new digital environment.
JUDICIARY AND EXISTENTIAL THREATS: BETWEEN ACTIVISM AND SELF-RESTRAINT
JUDICIARY AND EXISTENTIAL THREATS: BETWEEN ACTIVISM AND SELF-RESTRAINT
(JUDICIARY AND EXISTENTIAL THREATS: BETWEEN ACTIVISM AND SELF-RESTRAINT)
- Author(s):Patrick Lucca Da Ros
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:51-76
- No. of Pages:26
- Keywords:existential threats to humanity; need for judicial intervention; activism; self-restraint
- Summary/Abstract:Humanity is facing some of its greatest contemporary threats. As concentrations of greenhouse gases rise and average temperatures reach record levels, extreme weather events are occurring with increasing frequency across the globe, bringing death, famine, and poverty. Similarly, as the widespread use of artificial intelligence becomes a reality, the replacement of human labour by machines is accelerating, often without any plan for the relocation or reskilling of affected workers, potentially causing or deepening employment crises on an unprecedented scale. In circumstances such as these, judicial intervention is likely to be demanded more frequently, especially when difficult decisions must be made and policymakers or legislators, at the national or international level, hesitate to act due to potential political costs. While judicial intervention may be desirable when other public authorities remain inert, it also carries the risk of excessive activism and a lack of due self-restraint. This paper examines judicial intervention in the face of the existential threats confronting humanity today and argues that such intervention must be exercised with critical judgment and parsimony in order to avoid misuse. Although debates on the thin line between necessary and abusive intervention are not new, it is important for them to be reconsidered and perhaps reframed precisely because the present context may require a more proactive judiciary. Given the urgency of adopting measures capable of responding to new challenges, at a pace usually far exceeding that of political and legislative processes, the balance between judicial activism and self-restraint requires renewed attention. To this end, this essay analyses the relevant literature on matters involved, mainly the concepts of activism and self-restraint, as well as the main critiques associated with both concepts, and seeks to offer, even modestly, a contribution to understanding the need, possibilities, and limits of judicial intervention when humanity faces threats of enormous magnitude to its own continuity.
CONCERTED ACTS BETWEEN COOPERATIVE NATIONAL AND FOREIGN JUDGES IN THE DIGITAL AGE
CONCERTED ACTS BETWEEN COOPERATIVE NATIONAL AND FOREIGN JUDGES IN THE DIGITAL AGE
(CONCERTED ACTS BETWEEN COOPERATIVE NATIONAL AND FOREIGN JUDGES IN THE DIGITAL AGE)
- Author(s):Carlos Wagner Dias Ferreira
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:79-90
- No. of Pages:12
- Keywords:transjudicial dialogue; concerted acts; cooperative national and foreign judges; beyond territorial borders
- Summary/Abstract:The present article aims to investigate whether it is possible to promote concerted acts between Brazilian judges and courts from foreign countries in order to enforce judicial orders issued by the Brazilian Judiciary, which protect the rights of nationals harmed by international companies whose effects extend beyond Brazil's territorial limits, as exemplified by Article 69, section IV, of the Brazilian Code of Civil Procedure, regarding national cooperation. The act of communicating not only within a specific space (loci) but particularly beyond territorial borders has never been so in vogue. A mere glance at today's society, heavily influenced by the interactive communication of the current Digital Age, reveals that communications − whether through text messages, videos, audios, sounds, voices, or images—barely respect territorial borders. As a product of society, law has always been in constant flux, with its paradigms, dogmas, conceptions, ideas, and thoughts evolving throughout the history of Western civilisation, supported by the Roman-Germanic legal tradition. It is not surprising to assert that civil procedural law has changed or is profoundly changing over the last thirty years. However, what is surprising is not the constant and uninterrupted possibility of change in Brazilian civil procedural law, as this has always occurred. It is the intensity, speed, and breaking of fundamental premises that formed the foundation of Brazilian civil procedural science, such as the conceptions of jurisdiction and competence based on territoriality. The central question of this study is whether it would be possible to build a dialogue between Brazilian courts and judges of foreign countries with equivalent jurisdiction, enabling coordinated actions between cooperative national and foreign judges.
DETERMINING JURISDICTION IN LITIGATION REGARDING COMPENSATION FOR DAMAGES CAUSED VIA THE INTERNET
DETERMINING JURISDICTION IN LITIGATION REGARDING COMPENSATION FOR DAMAGES CAUSED VIA THE INTERNET
(DETERMINING JURISDICTION IN LITIGATION REGARDING COMPENSATION FOR DAMAGES CAUSED VIA THE INTERNET)
- Author(s):Anđelija Tasić
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:91-103
- No. of Pages:13
- Keywords:media litigation; damages; defamation via social networks; special jurisdiction
- Summary/Abstract:The expansion of social networks has transitioned many legal institutions from the analogue to the digital realm. The saying "verba volant, scripta manent" is experiencing a renaissance, as the spoken word that tarnishes someone's reputation is now replaced by records that remain permanently or for an extended period. Consequently, the scope of potential damage is more significant. What once could only be heard by those present during an offensive comment's delivery, if even that, can now instantly become ‘viral’, reaching anyone with internet access. This raises the question: how can individuals assert their legal rights and seek compensation for the emotional distress resulting from violations of their honour and reputation? This paper addresses three key areas: 1) the type of procedures through which legal protection is provided, 2) subject-matter jurisdiction, and 3) territorial jurisdiction. The author begins by examining the role of social networks within the context of (social) media, considering whether everything published on these platforms qualifies as information. By distinguishing these concepts, we can open up a discussion on determining jurisdiction, which may influence litigants' decisions when choosing a ‘more favourable’ court. To discuss this effectively, it is essential to clarify the concept of a ‘more favourable court’ and assess its relevance, particularly concerning national courts. Lastly, the author analyses existing case-law, both domestic and international, to highlight examples of effective comparative practices.
REDEFINING JURISDICTION AND COMBATING PREDATORY LITIGATION: THE ROLE OF TECHNOLOGICAL TOOLS IN MODERN LEGAL SYSTEMS
REDEFINING JURISDICTION AND COMBATING PREDATORY LITIGATION: THE ROLE OF TECHNOLOGICAL TOOLS IN MODERN LEGAL SYSTEMS
(REDEFINING JURISDICTION AND COMBATING PREDATORY LITIGATION: THE ROLE OF TECHNOLOGICAL TOOLS IN MODERN LEGAL SYSTEMS)
- Author(s):Carla Teresa Bonfadini de Sá
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:105-120
- No. of Pages:16
- Keywords:litigation; artificial intelligence; automation; jurisdiction; procedural law
- Summary/Abstract:Predatory and repetitive litigation has increasingly become a problem in legal systems around the world. This trend adds strain to courts, raises legal costs, and slows down the delivery of justice. Thus, there is a pressing need for solutions to improve efficiency. The emergence of new technologies, like digitalisation, artificial intelligence (AI) and automation, provides an opportunity to tackle this issue by enhancing the effectiveness and accountability of legal processes. This paper explores how these emerging technologies can prevent and mitigate predatory litigation, contributing to a more efficient legal framework while also reshaping the concept of jurisdiction in the digital age. The main questions are: (1) How can AI and automation identify and reduce repetitive and predatory litigation? (2) What effects will the introduction of these technologies bring to procedural law and our legal system's overall performance, particularly in reducing backlogs? (3) How might Brazil's use of digital legal solutions inform broader applications in other legal systems? The hypothesis suggests that incorporating digital procedures with AI and automation will decrease predatory and repetitive litigation while also making legal processes faster, more precise and traceable. The research methodology used in this paper is a blend of a bibliographic review of literature with an analysis of Brazil’s experience in implementing these technologies. After examining digital procedures, technology-driven case management, and automated litigation detection systems, the paper explains how these are revolutionising judicial efficiency and redefining jurisdiction as such digital tools challenge traditional territorial limits in legal proceedings. The findings indicate that AI and automation can enhance legal efficiency, reduce backlogs, and ensure adjudication in a reasonable time. These technologies also create a new paradigm for jurisdiction, allowing courts to manage cases more flexibly across borders.
EVOLUTION OF THE BRAZIL’S JUDICIAL PROCEDURE SYSTEM IN THE CONTEXT OF ELECTRONIC PROCEDURES AND ARTIFICIAL INTELLIGENCE
EVOLUTION OF THE BRAZIL’S JUDICIAL PROCEDURE SYSTEM IN THE CONTEXT OF ELECTRONIC PROCEDURES AND ARTIFICIAL INTELLIGENCE
(EVOLUTION OF THE BRAZIL’S JUDICIAL PROCEDURE SYSTEM IN THE CONTEXT OF ELECTRONIC PROCEDURES AND ARTIFICIAL INTELLIGENCE)
- Author(s):Alessandro Diaferia
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
- Page Range:123-129
- No. of Pages:7
- Keywords:electronic case management systems; artificial intelligence in law; judicial modernisation; digital transformation; Brazilian judiciary reforms
- Summary/Abstract:Brazil's judicial system, one of the largest in the world, manages more than 83 million pending cases across over 90 courts with approximately 18,000 judges. This contribution highlights the historical, legal, and technological developments that have shaped Brazil's judiciary and examines the challenges and opportunities that arise as it adapts to the demands of modern times. Brazil's legal system is deeply rooted in the civil law tradition, although recent years have seen an influx of common law principles, particularly in procedural law. At the same time, the Brazilian judiciary faces significant challenges in managing its high caseload and ensuring timely justice. A major development in recent years has been the integration of technology, particularly through the implementation of electronic case management systems. The Electronic Judicial Process Law (Law No. 11.419/2006) was envisaged as an avenue to revolutionise the handling of judicial processes by allowing for the digitisation of case filings and document management, and to improve efficiency and uphold the constitutional mandate of ensuring a reasonable duration of proceedings. In addition, the General Data Protection Legislation, was meant to serve as a path to ensure that technological innovations within the judiciary, such as AI, respect constitutional rights to privacy and transparency. The author in this paper examines the extent to which the above legal framework has contributed to adapting to the challenges of the digital age through technological advancements and legal reforms and improved judicial efficiency while balancing it against the core principles of justice, transparency, and privacy.
CYBERCRIMES IN THE BRAZILIAN LEGAL SYSTEM
CYBERCRIMES IN THE BRAZILIAN LEGAL SYSTEM
(CYBERCRIMES IN THE BRAZILIAN LEGAL SYSTEM)
- Author(s):José Paulo Micheletto Naves
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Criminology, Sociology of Law
- Page Range:131-145
- No. of Pages:15
- Keywords:criminal law; cybercrime; Brazilian legal system; internet; legal interest
- Summary/Abstract:This article analyses the legal treatment of cybercrime in the Brazilian criminal system, in light of the social and technological transformations of the digital age. Initially, the conceptual definitions of the term "cybercrime" are examined. Subsequently, the article examines main criminal offences provided for in Brazilian criminal law, including conduct that has recently been typified or aggravated, depending on the legal interest protected by criminal legislation. The study also covers conduct that could potentially be considered + cybercrime but for which there is no specific legal provision, although it falls under traditional types of crime. Finally, the article turns to the main civil and administrative laws relating to the use of the internet and the protection of personal data, questioning, on the basis of concrete data, the effectiveness of criminal law intervention in the prevention of cybercrime.
REGIONAL COMMISSION FOR LAND DISPUTE RESOLUTION OF THE SÃO PAULO COURT OF JUSTICE: JUDICIAL MEDIATION AND TRANSFORMATIONS IN LAND JURISDICTION
REGIONAL COMMISSION FOR LAND DISPUTE RESOLUTION OF THE SÃO PAULO COURT OF JUSTICE: JUDICIAL MEDIATION AND TRANSFORMATIONS IN LAND JURISDICTION
(REGIONAL COMMISSION FOR LAND DISPUTE RESOLUTION OF THE SÃO PAULO COURT OF JUSTICE: JUDICIAL MEDIATION AND TRANSFORMATIONS IN LAND JURISDICTION)
- Author(s):Ana Rita de Figueiredo Nery
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:147-158
- No. of Pages:12
- Keywords:land conflicts; dialogical jurisdiction; judicial mediation
- Summary/Abstract:This article analyses the experience of the Regional Commission for Land Dispute Resolution of the Court of Justice of the State of São Paulo in light of National Judicial Council Resolution No. 510/2023 and the Brazilian legal and institutional framework governing collective evictions. Drawing on a normative, empirical and critical approach, the article examines the structure of the Commission, its operational principles, and its 2023 outcomes, with particular emphasis on negotiated solutions to complex possessory disputes. Engaging with theories of dialogical jurisdiction, transformative structural jurisdiction, and dispute system design, the article argues that the TJSP Commission represents an innovative model of judicial intervention, aimed at fostering inter-institutional mediation of land conflicts and promoting integrated solutions. The conclusion contends that the São Paulo experience contributes to rethinking the role of the judiciary in enforcing fundamental rights and in preventing forced evictions, particularly in contexts of housing vulnerability.
NEW REGULATION ON CATEGORIES OF VERTICAL AGREEMENTS EXEMPT FROM THE PROHIBITION IN THE LIGHT OF THE DEVELOPMENT OF DIGITAL PLATFORMS
NEW REGULATION ON CATEGORIES OF VERTICAL AGREEMENTS EXEMPT FROM THE PROHIBITION IN THE LIGHT OF THE DEVELOPMENT OF DIGITAL PLATFORMS
(NEW REGULATION ON CATEGORIES OF VERTICAL AGREEMENTS EXEMPT FROM THE PROHIBITION IN THE LIGHT OF THE DEVELOPMENT OF DIGITAL PLATFORMS)
- Author(s):Marija Vranić
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:159-185
- No. of Pages:27
- Keywords:block exemption; vertical agreements; regulation on categories of vertical agreements exempted from the prohibition of vertical agreements; digital platforms; Regulation (EU) 2022/720
- Summary/Abstract:The rapid growth of the market of digital platforms and e-commerce has led to the need to adapt domestic regulations in the field of protection of competition to new developments in economic life. In January 2025, the Commission for Protection of Competition directed the Government of the Republic of Serbia to adopt the Proposal for a Regulation on Categories of Vertical Agreements exempted from the prohibition of restrictive agreements, which should replace the current Regulation on agreements between market participants operating at different levels of production or distribution that are exempt from the prohibition. Since new vertical restrictions appear in digital business and are not covered by the current regulation, the Proposal also contains solutions that take them into account. The paper explains what digital platforms are, what role they play in the circulation of goods and the provision of services, and how they affect the competitiveness of market participants. Precisely in the light of the development of the digital platforms, attention is given to the most important novelties that the proposed regulation brings in relation to the current one. Through appropriate examples, it was discussed how the proposed solutions related to new forms of business affect market dynamics, consumer protection and competition protection in general. Finally, bearing in mind that the Proposal also harmonises the domestic legislation with the European Union law, the relationship between the domestic and European act in this area is shown, in the sense of analysed proposed solutions. The conducted analysis leads to the conclusion that, if adopted, the new regulation will represent a positive change in the bylaws in the area of competition protection, and will facilitate and speed up economic life.
IMPACT OF JURISDICTION ON THE EFFICIENCY OF E-JUSTICE SERVICES IN THE REPUBLIC OF SERBIA
IMPACT OF JURISDICTION ON THE EFFICIENCY OF E-JUSTICE SERVICES IN THE REPUBLIC OF SERBIA
(IMPACT OF JURISDICTION ON THE EFFICIENCY OF E-JUSTICE SERVICES IN THE REPUBLIC OF SERBIA)
- Author(s):Dušan Kuzmanović
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law, Administrative Law
- Page Range:187-205
- No. of Pages:19
- Keywords:e-justice; territorial jurisdiction; e-administration; criminal record certificates; e-services
- Summary/Abstract:The online issuance of criminal certificates is a project that, in 2021, in Serbia was rated as the most promising electronic service on the eGovernment Portal, because it enables all steps to be taken electronically. Against this backdrop, this paper will primarily deal with the development and key features of electronic judicial services, with a special focus on the electronic service of issuing certificates on (non)conduct of criminal proceedings and certificates of (non)convictions. Subsequent to that, the authors examine the impact of the current national legal framework on the jurisdiction of courts on the effectiveness of the electronic service of issuing selected criminal certificates. The basic question that the paper should answer is whether the existing national legal regime of jurisdiction constitutes a limitation for further digitalisation, and what the appropriate criteria are for determining jurisdiction in situations where there is an "electronic" element.
