THE IMPACTS OF TECHNOLOGY ON CIVIL PROCEDURE: VIRTUAL HEARINGS, ELECTRONIC NOTIFICATIONS AND ARTIFICIAL INTELLIGENCE
DOI:
https://doi.org/10.51891/rease.v11i11.21975Keywords:
Virtual Hearings. Civil Procedure. Judiciary Modernization. Access to Justice. Digital Divide.Abstract
This article analyzes the impacts of technology on Brazilian Civil Procedure, focusing on the implementation and consolidation of virtual hearings. The objective is to investigate the compatibility of this tool with due process, evaluating its benefits and persistent challenges. Using the hypothetical-deductive method and a qualitative approach based on bibliographic review and analysis of official data (CNJ, IBGE), the study examines the current landscape. It finds that the normalization of virtual hearings predates the Covid-19 pandemic, supported by Law No. 11.419/2006, the Civil Procedure Code (2015), and CNJ resolutions, which spurred initiatives like the "100% Digital Justice" and the "Justice 4.0 Program." Data from the CNJ (2023) indicate that 99% of Brazilian processes are already digital, and TJSP reports show an exponential increase in remote proceedings, confirming gains in celerity and efficiency. However, the research identifies significant material barriers, such as the digital divide—IBGE (2021) data indicate millions of families lack internet access—and digital illiteracy, which compromise the principle of isonomy (equality). Additionally, procedural challenges are discussed, such as the difficulty in guaranteeing the integrity of witness testimony and the loss of nuances from in-person communication. It is concluded that while virtual hearings represent an undeniable modernizing advance, their full implementation depends on continuous investments in technological infrastructure, cybersecurity, and digital inclusion policies to ensure equitable access to justice.
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Atribuição CC BY