THE DIGITALIZATION OF JUDICIAL PROCESSES AND PROCEDURAL SPEED: AN ANALYSIS IN LIGHT OF THE CONSTITUTIONAL PRINCIPLE OF REASONABLE DURATION OF THE PROCESS

Abstract

The digitalization of legal proceedings in Brazil represents a fundamental structural transformation to meet the demands for speed and efficiency in the Judiciary. From the perspective of the constitutional principle of reasonable duration of the proceedings, technological modernization has been seen as an indispensable tool to overcome the challenges of procedural slowness. With the advent of legislation such as Law 11.419/2006, which consolidated the electronic processing of proceedings, and technological tools such as the Electronic Judicial Process (PJe), the Brazilian Judiciary has experienced significant advances. However, the implementation of these technologies also exposes practical challenges, such as digital exclusion, infrastructure limitations and information security. This dissertation is limited to the analysis of digitalization as a mechanism to promote procedural speed, evaluating its effectiveness and the challenges faced. The starting point is the central problem: how does the digitalization of legal proceedings contribute to the speed of legal proceedings in Brazil, considering its positive impacts and the limitations observed? In this sense, the research sought to understand the scope of this technological transformation in the Judiciary and its repercussions on access to justice.

The choice of the topic of the digitalization of legal proceedings in Brazil reflects not only its importance in the practical and academic spheres, but also its direct impact on society. In a country marked by historical challenges related to the slowness of legal proceedings, the modernization of the Judiciary through technology represents a concrete response to the demands for greater efficiency and transparency. This is a transformation that not only optimizes the processing of legal proceedings, but also expands access to justice, reducing bureaucratic and geographic barriers that often hinder the participation of citizens in vulnerable situations. Thus, the digitalization of legal proceedings must be understood as a fundamental mechanism for building a more agile, inclusive judicial system that is aligned with the expectations of an increasingly connected and dynamic society.

As highlighted by De Oliveira (2012), digitalization represents a central mechanism for implementing the constitutional principle of reasonable duration of the process, promoting savings in resources and optimizing time in relation to physical processes. Furthermore, the modernization of the Judiciary favors faster and more effective management, aligned with the expectations of an increasingly digital and dynamic society.

However, it is necessary to recognize that this transformation does not occur without challenges. Inequality in access to technologies and digital exclusion remain significant barriers, especially in regions with a lack of infrastructure. According to Araújo and Braz (2021), these factors limit the effectiveness of digital tools, hindering the democratization of access to justice and reinforcing the need for strategic actions that guarantee inclusion and universal accessibility. Furthermore, Fernandes and Oliveira (2024) emphasize that the adaptation of legal professionals and judicial structures to the new technological reality is still uneven, requiring continuous improvements in digital governance and in the training of professionals working in the system.

Thus, the choice of this topic is justified by the need to deepen the understanding of the benefits and limitations of digitalization in the Brazilian Judiciary. This study aims to contribute to the critical debate on how technological modernization can consolidate itself as an effective instrument of transformation, while also seeking to provide support for addressing the structural and social barriers that still persist. Thus, the research is part of a field of great relevance, both for the improvement of legal science and for the implementation of a more inclusive and efficient justice system.

Based on this, the general objective of this research is to analyze the impacts of digitalization on the Brazilian Judiciary, especially with regard to procedural speed, identifying the advances provided, the challenges faced and the possible improvements in the context of digital governance. To achieve this purpose, the following specific objectives were defined, aligned with the dissertation chapters:

Specific Objectives:

- Chapter 1: Explore the historical context and legal framework that underpin the digitalization of judicial processes in Brazil, identifying the legislative advances and main regulations that consolidated this transformation;

- Chapter 2: Assess the direct impacts of digitalization on procedural speed, including the main technological tools used, such as PJe and videoconference hearings, in addition to exploring the challenges faced in this implementation.

- Chapter 3: Investigate the current digital governance models adopted by the

Judiciary, analyzing possible improvements to increase the efficiency, transparency and accessibility of the system.

- Chapter 4: Verify compliance with the hypotheses presented throughout the research, critically analyzing the impacts of digitalization, identifying its positive and negative results, and suggesting proposals for future work that broaden the reflection on digital justice.

The digitalization of judicial processes, as an element of modernization of the Brazilian Judiciary, is supported by the hypothesis that it contributes significantly to the reduction of procedural processing time, promoting greater speed and administrative efficiency. According to Gomes (2022), the automation of procedural activities and the integration of systems such as the Electronic Judicial Process (PJe) have measurably reduced procedural deadlines, promoting gains in agility in the processing of cases. This optimization directly meets the principle of reasonable duration of the process, provided for in the Federal Constitution.

Additionally, technological tools used in the Judiciary, such as videoconference hearings and electronic processing platforms, have great potential to transform procedural management. However, digital exclusion and challenges related to information security are recognized limitations in the Brazilian scenario. As Antônio and Novaes (2024) point out, the effectiveness of technologies depends on a solid infrastructure and the training of legal professionals, conditions that are still unequal in the national context. Furthermore, it is argued that the digital governance of the Brazilian Judiciary can be improved to overcome technological and logistical barriers, promoting greater uniformity and accessibility. Medeiros and Batista (2022) highlight that the standardization of procedures and the use of artificial intelligence have the potential to further democratize access to justice, while requiring continuous investment to ensure its sustainability and inclusion. These hypotheses, based on premises supported by the literature, lead to a critical analysis of the impacts and challenges of digitalization, highlighting its transformative potential and the demands for structural adjustments to achieve its full effectiveness.

In order for research on the digitalization of legal proceedings in Brazil to be conducted in a structured and well-founded manner, it is essential to adopt a methodology appropriate to the complexity of the topic. Considering the multidimensional nature of this transformation, which involves legal, technological and social aspects, this research is guided by a qualitative, exploratory and dialectical approach. The methodological choice reflects the need to understand not only the practical impacts of digitalization on procedural speed, but also the structural and normative challenges that permeate this modernization.

Thus, the dissertation is developed based on a descriptive-analytical study, supported by documentary and bibliographical research, allowing an in-depth analysis of the pertinent legislation, the regulations of the National Council of Justice (CNJ) and institutional reports that demonstrate the advance of computerization in the Judiciary. The bibliographical review, in turn, allows the construction of a consistent theoretical framework, based on academic studies, books and scientific articles that address the relationship between technology and law.

From this, the documentary and bibliographical analysis is developed, which allows the correlation between the benefits and challenges of digitalization and its impacts on the speed of proceedings. This process culminates in the systematization and interpretation of the data collected, providing a comprehensive and critical view of the topic. The in-depth analysis of these reflections will be presented throughout the dissertation, with the next chapter focused on the historical and legal contextualization of the digitalization of judicial processes, providing the essential bases for the analysis of the advances and limitations of this phenomenon in the Brazilian legal scenario.