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
Subject(s): Law, Constitution, Jurisprudence
Published by: Institut za uporedno pravo
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.

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