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

• Details
• Contents