The use of ICT in Brazilian Courts
Adebola Alli
Sign up for access to the world's latest research
checkGet notified about relevant papers
checkSave papers to use in your research
checkJoin the discussion with peers
checkTrack your impact
Abstract
Transparency and effectiveness are emphasized as two positive consequences of the use of information and communication technologies (ICT) in the Courts. Indeed, ICT expanded the possibilities of access to information and judicial decisions, as well as its use especially in acts of distrainment, have given greater transparency and effectiveness to the judicial acts. In Brazil, federal, state and labor courts have web sites where judicial information is disclosed and their decisions are published. Moreover, they have agreements with the Federal Revenue Secretariat, the Central Bank and the National Register of Automobiles that allow them to implement all acts of distrainment. However, not all Courts are at the same stage as to the use of ICT because, on one hand, their web pages do not have all the features available and, on the other hand, their users are unable to explore the full potential offered by the new technologies. Delivering a diagnosis of the existing offer in the Courts' web sites and of the use of their agreements with other public services is the first task that is being proposed here. This paper intends to examine how such things are changing the judicial function and, in particular, the figure of the judge, in addition to contributing to a new insertion of the Judiciary in the society.
Key takeaways
- Federal, state and labor courts web sites will be explored as to verify how judicial information is disclosed and decisions are published.
- One of the federal courts allows the making of "oral arguments by video conference" which is a web service that allows lawyers to take part in the judicial hearings and deliberations although they are not physically present at the court.
- Thus the system became very popular in the courts and its use, which was originally made mostly by labor judges, progressed to include both the federal and states systems.
- Therefore, it is rather symbolic that judicial orders are processed and answered through the same web space made available to each and every Brazilian citizen.
- Actually, even within the courts its use varies accordingly to a judges' ability to cope with the technological innovations.
Related papers
Intertwining Judicial Reforms and the Use of ICT in Courts: A Brief Description of the Portuguese Experience
European Quarterly of Political Attitudes and Mentalities, 2019
This paper, focusing on the Portuguese experience, analyzes changes on the legal framework and the governance requirements in the different stages of development and implementation of courts' ICT. To this end, the paper provides for a concise description of the Portuguese justice system and of the main challenges its organization and territorial division has faced in the last decades. Follows a description of the introduction of the two main courts' information systems in: CITIUS (for judicial courts) and SITAF(for administrative and tax courts). The paper then on focuses the recent measures adopted under the Justiça + Próxima plan, analyzing the main needs they intend to address and goals they expect to fulfill, in the attempt to understand if they will be able to introduce the new era of courts e-services that has been promised.
Information Technology and the Efficiency of the Brazilian Judiciary System
2012
This article presents an analysis of the impact of Information Technology (IT) investments in the efficiency of the Brazilian Judiciary System. In order to conduct this investigation, it was adopted the case study method to deal with the complexity of the aforementioned phenomenon. The organizational structure and the informatization trajectory of the Brazilian Judiciary System, the legal framework for electronic lawsuits, as well as the role of the National Council of Justice (NCJ) on the automation of the Brazilian Judiciary System form the basis for understanding the context. A quantitative analysis of the correlation between IT investment and the efficiency of the courts shows a potential positive influence of IT on reducing the duration and cost of lawsuits, thereby increasing the operational and financial efficiencies of the Brazilian Judiciary System.
E-Courts in Brazil Conceptual model for entirely electronic court process
2005
The objective of the e-Courts project is to revolutionize the application of Justice in Brazil by making the whole process of justice available twenty-four hours a day, seven days a week via the world-wide web. It is a new way of managing juridical knowledge with integrity, quality and faster distribution of information, making the access to Justice easier and speeding up the whole judgement process. The proposal is innovative both in terms of its strategy for juridical knowledge management, as well as in terms of the technology to be applied. Technology-based companies, State Courts of Justice, Universities and Investment Funds are involved in the process of turning the project into reality.
Online courts in Brazil and the impact on the access to Justice
Direito Processual e tecnologia: os impactos da virada tecnológica no âmbito mundial, 2022
1. Introduction. 2. Access to Justice in the digital era. 3. Online Courts procedural reshaping. 4. Online Courts in Brazil. 5. Final Considerations
16 Years of e-Justice in Brazil: A literature review
Proceedings EGOV-CeDEM-ePart , 2023
Since 2006, with the enactment of the "Law of Electronic Judicial Proceeding", Brazil has been consistently transforming its Justice System by migrating from paper to a digital-based process. Currently, 97% of lawsuits are digital. This study performs a literature review of 29 papers addressing the Brazilian Electronic Judicial Process (EJP). First, we point out the steps taken during EJP deployment. Then we classify the studies based on Delone and MacLean's Information System Success Model, contributing to systematically organising the knowledge. The research demonstrates the importance of the normative framework enabling the EJP and the National Council of Justice's essential role in driving the digital transformation of the Justice System in Brazil. Papers related to the assessment of the EJP are fragmented, of different natures, and address a wide range of aspects, not allowing consistent conclusions about the overall success of EJP.
Social and Organizational Impacts of the Electronic Processing System of the Brazilian Superior Tribunal of Justice
Journal of Information Systems and Technology Management, 2015
This paper presents a study on the social and organizational impacts of the Electronic Processing System (EPS) implemented in 2008 by the Brazilian Superior Court of Justice (SCJ). This system is part of a wider transformation process involving the implementation of a new management model at the SCJ. The theoretical framework of the research conducted is based on the Technology Enactment Theory and other studies on the role of technological innovations in public organizations . Its main goal was to identify the most significant factors facilitating or inhibiting the innovation adoption. Results show different impacts of the EPS on professional groups and organizations. Political, cultural and economic aspects influence stakeholders' perceptions of the innovation, including its sustainability, time and cost saving that impact the rate of adoption and the realization of benefits both to users and the organization investing in its development.
National Brazilian Judicial Database-DataJud: transparency and better administration of justice
The use of data about judicial procedures is crucial to improve the overall administration of justice, define strategies for justice institutions, promote transparency, broaden access, and enhance confidence in the justice system. Nevertheless, data collected worldwide has been sparse and inconsistent as most countries have been late to start steadily adopting information technology in the Justice System. Brazil is an exception, as the country has been collecting digital judicial data systematically since 2009. Despite its enormous geographical and population dimensions and its heterogeneity of legal systems among the states, Brazil managed to develop and implement the National Database of the Brazilian Judiciary (DataJud) as a result of 15 years of studies and experience coordinated by the National Council of Justice (CNJ) and with the participation of the Brazilian Judiciary actors. The paper presents DataJud, the main previous events that favoured its creation, its characteristics, and two results and firsts benefit of the platform: Dashboard of Statistics of the Judiciary and Dashboard of Major Litigants.
THE NATIONAL JUDICIAL COUNCIL (CNJ) AND THE CREATION OF DIGITAL PROCEDURAL PLATFORMS (PJe): METHODOLOGY FOR COMPARED RESEARCH OF JUDICIAL EFFICIENCY
The Brazilian federal constitution of 1988 affirmed the access to the judiciary as a fundamental right of the citizen. As national institutions at the time were considered to be too slow and inefficient for adequate and timely legal responses the judiciary arrived at the digital age with the goals of more ample access of the citizen to the courts and a more reasonable duration of the legal procedure. In the spirit of the constitutional mandate for a more accessible and faster judiciary a digital procedure law framework was created. The law determined the transition of the procedures of Brazilian courts from archaic masses of paper-based documents to digital databases that would encompass all legal decisions, party petitions and court acts. At first, the federal norms that instituted this framework though did not stipulate a centralized database or platform for the national judiciary. The profusion of several platforms with diverging degrees of implementation, access and efficiency was detrimental to the accessibility of the citizen and parties to the judiciary and thus violated the constitutional principles regarding the digital procedure. The National Council of Justice established in December 18th 2013 the obligation of all Brazilian Courts to use a specific centralized database (PJe). More recently a new national Civil Procedure Code was promulgated, bringing forth several new rules that regulate digital procedure and the digital procedure platforms. This paper aims to determine the methodological tools to analyze the Brazilian digital platforms in comparison with those of other countries and measure judicial efficiency.
The Influence of New Technologies in the Realization of the Fundamental Right of Access to Justice in Brazil
2021
In spite of having already conquered their space in society, the new information and communication instruments remain a novelty for Law and its institutions, which to a large extent still use traditional means. Thus, the incorporation of technological tools by the legal universe constitutes an urgent need for modernity, reflecting on the promotion of access to justice. The main objective of this article is to analyze the influence of new technologies in the realization of the fundamental right of access to justice, since the Law must accompany the development of the society in which it is inserted. Therefore, the work will be based on doctrinal studies, through research in bibliographic and information sources. Finally, the chapters will address, respectively, access to justice as a fundamental right, advancing to the relationship between law and new technologies and ending with an analysis of the influence of new technologies in the realization of the fundamental right of access to justice.
The Advances of the Brazilian Judicial System and the Use of Artificial Intelligence: Opposite or Parallel Ways Towards the Effectiveness of Justice?
Revista Juridica
ABSTRACTObjectives: To point out the technological advances registered in the Brazilian Judiciary System in the digital age, mainly the benefits that the engineering has provided in the improvement of artificial intelligence tools which reflect in the speed of judgments, as well as defining the limits of the use of such resources in view of the of the peculiarities of the judging activity in an immersive and sometimes exclusive demand, in the dynamics between texts and contexts.Methodology: The methodology of this study is deductive coupled with techniques of bibliographical research by way of reviewing doctrine, journals, scientific articles and legislation. The study was strategically divided into a detailed investigation of themes that closely relate to the judicial system, the use of technologies and the effectiveness of Justice.Results: Despite all technological advances, considering the specialties of linguistic resources, whether of an ontological or semantic nature, added to...
Courts of Accounts and Accountability: A Panorama of Brazil's State Portals
77th annual MPSA Conference, 2019
The purpose of this study was to analyze the vertical accountability of the Brazilian States Courts of Accounts through an overview of their transparency in 2018. The aim was to investigate the mandatory institutes of the Information Access Law, as well as the active actions of the respective Schools of Accounts in the empowerment of civil society. A documentary research was carried out in which the information was collected mainly through the Internet along with the domains of states portals. From the establishment of analysis criteria, it was observed that most of the portals offer some instrument of democratic control, however, these tools are difficult to access even though the population is increasingly familiar with digital resources. It was also observed that certain SAs empower civil society when promoting courses of social accountability, even though it is not a widespread practice.
DANTAS, Beatriz Lodônio; MOREIRA, Thiago Oliveira. In.: The Exercise Of Conventionality Control By The Non-Specialized Brazilian Higher Courts. In.: Revista Digital Constituição e Garantia de Direitos, [S. l.], v. 14, n. 2, 2023, p. 203–229.
2023
O controle de Convencionalidade é uma exigência da Corte Interamericana de Direitos Humanos (Corte IDH) para os Estados Partes da Convenção Americana Sobre Direitos Humanos (CADH). Quanto ao Brasil, indaga-se: o Supremo Tribunal Federal (STF) e o Superior Tribunal de Justiça (STJ) estão em harmonia com a Corte IDH na matéria? Pretende-se verificar como o STF e o STJ exercitam o controle de convencionalidade. O resultado foi obtido a partir do emprego de análises qualitativas e quantitativas, mediante critérios previamente estabelecidos, sobre os acórdãos do STF e do STJ encontrados nos sites dos respectivos tribunais. Espera-se contribuir com o desenvolvimento da matéria no direito brasileiro.
A difusão da inovação no contexto da adoção do processo judicial eletrônico – PJE
Revista de Administração da UFSM, 2020
This article analyzes a case study of technological innovation with the use of the Electronic Judicial Process-EJP, occurred in the 8th Regional Labor Court, in the 8th Brazilian Judicial District, in Belém, capital of the state of Pará (PA). The research adopted a qualitative and exploratory approach, carrying out interviews with users and actors who maintain the innovation process. The conclusions reflect, evaluate and describe the path of acceptance, adoption, and diffusion of the Electronic Judicial Process, following the stages developed by Roger's theory regarding the process of innovation's diffusion and adoption. The study identified that users are loyal to the EJP and they do not show any intention of replacing it, for example, with the tool that was in place before the EJP use. In addition, the study reveals the perception of the importance and superiority of the platform, adding more value to the innovative process, even observing that there were difficulties at the beginning of the adoption. The research showed that users perceived a reduction in the working time, which contributed for each individual become a potential actor in the process of adoption and diffusion of the innovation proposed within the Labor Court of Belém.
Proactive Publication of Information About Judicial Cases and Acts of the Court of Justice
Administrative and Criminal Justice
The integration of IT and Internet technologies in the work of the judiciary institutions has become a major factor in the changes in the administration of justice. On the one hand, technology has become accessible to law enforcement agencies and has become an effective means of carrying out their work and managing document flow. On the other hand, ICTs have been made accessible to citizens and users of the justice system and to electronic reporting provided by the judicial authorities and other online services. The potential of technology is to provide more and more new or improved services in the field of justice, as well as the ability of citizens to actively use them.The publication of court documents and the provision of data on court cases electronically via the Internet affects a wide range of public relations and rights enshrined in national and international regulations.One of the main elements of the legislation on the access to information is the principle that public ins...
Organizational structure and ICT strategies in the Brazilian Judiciary System
Government Information Quarterly, 2012
In this case study, we analyze the influence of the organizational structure in the definition and implementation of information and communication technology (ICT) strategies in the Brazilian Judiciary System. The analysis shows that the existing organizational structure favors uncoordinated actions, though the role of the National Council of Justice (NCJ) as protagonist in the process of coordinating the strategic planning of the Brazilian Judiciary System (and strategic ICT planning) might change this reality, allowing the Brazilian Judiciary System to reap the full benefits of ICT.
The Innovative Perspective of a judicial provision under the focus of celerity and transparency
Seven Editora eBooks, 2023
This article is based on the Justice 4.0 Program, which proposes an incremental innovation in the Judiciary. It evaluates whether two of the strategic actions that are part of the program-'Juízo 100% Digital e Núcleos de Justiça 4.0', are capable of producing gains in terms of speed and transparency, which are two of the Program's result indicators. Following the worldwide movement of Revolution 4.0, the program, launched in the context of the Covid-19 pandemic, aims to increase the process of digital transformation of the Judiciary, through the most efficient, swift, and transparent judicial service. With specific procedural data from the TJMT, in the period from 04/02/2022 to 06/09/2022, the study uses deductive methodology and empirical research to investigate and conclude that such actions can produce the expected results, but it needs to establish transparent evaluation indicators and monitoring tools at a national level. It also suggests a research agenda to analyze whether the increase in the judgment capacity, in a shorter time, is able to fulfill the user's aspirations for social pacification.
Jurisprudence under the perspective of the new media and its effect on the communication of law
2012
Despite the law knowledge presumption, Jurisprudence has not always considered the effects introduced by the communication of law in the transition from the print to the electric revolution, using here concepts and ideas of McLuhan´s theory. The use of Internet by Brazilian Courts (on line transmission of trials, the digital process, transformation of courts in source of news on what concerns their decisions) is an interesting example of how the new medium interferes in the substance of the message of law, since the movement of the messages must be considered to understand the epistemological domain of law. New elements are introduced by the new media and interact with the old meanings, concepts and processes of law and of the old media and can themselves bring new conflicts that are relevant to the comprehension of the complete and real dynamics of Law
Digital Access to Judicial Services in the Brazilian Amazon: Barriers and Potential
Social sciences, 2024
This study investigates the influence of geographical barriers and the challenges and advantages presented by information and communication technologies on digital governance within the judicial branch in the Brazilian Amazon region. The primary objective is to provide diagnoses and recommendations that can inform the construction of research for the development of policies aimed at enhancing access to judicial services by riverside populations. The methodology initially employed was a comprehensive literature review on digital governance within the judiciary and access to justice for vulnerable groups in a geographical context. Subsequently, a qualitative study was conducted, employing participant observation in the riverside communities of Itapéua and Boca do Una, situated along the Jaurucu River within the Porto de Moz District in the state of Pará. The insights garnered from respondent perceptions and participant observations were synthesized to formulate five key dimensions for digital governance and access to justice within Amazonian communities: (1) one's experience with justice, (2) access to information, (3) geographical barriers, (4) user-friendliness of technology, and (5) resources and infrastructure supporting technology use. The study concludes that there are compelling indications that tailored digital governance and technology utilization by the judiciary, adapted to regional nuances, can significantly contribute to streamlining access to judicial services.
LIGHTS, CAMERA, JURISDICTION: COMMUNICATION TECHNOLOGY AND THE MYTH OF TRANSPARENT JUSTICE IN BRAZIL
Marcelo Galuppo; Mônica Sette Lopes; Lucas Gontijo; Karine Salgado; Thomas Bustamante (eds.). (Org.). Human Rights, Rule of Law and the Contemporary social Challenges in Complex Societies: Proceedings of the XXVI World Congress of Philosophy of Law and Social Philosophy. , 2015
An Overview of the Portuguese Electronic Jurisdictional Administrative Procedure
Laws 12, no. 5: 84., 2023
In this paper, we seek to define the Portuguese Electronic Jurisdictional Administrative Procedure and characterize the scope and success of its implementation in terms of access to justice and court efficiency. It encompasses different perspectives on the judicial system and the electronic administrative procedure, reflecting the diversity of its authors, and combines a theoretical approach and discussion with statistics produced with official judicial data. Therefore, it introduces the issue and its background and discusses the models and principles of electronic judicial procedure and its representation in the Portuguese judicial procedure and law. It also presents the Portuguese exceptional and temporary regime for conducting judicial hearings in the context of the COVID-19 pandemic, discussing its merits and presenting the corresponding judicial statistics. The paper concludes that the advent of electronic judicial procedure, driven by technological advancements and aiming to achieve procedural effectiveness and efficiency, represents a paradigm shift and a change in the nature of the legal process, i.e., an ontological transformation in the theory of the process that requires a robust conceptual framework, to ensure consistent interpretation and application of procedural law and to guarantee respect for equality and legal certainty.
Loading Preview
Sorry, preview is currently unavailable. You can download the paper by clicking the button above.