ACCESS TO JUSTICE AND ONLINE CITIZENSHIP: ANALYSIS OF DIGITAL INCLUSION POINTS AS INCLUSION TOOLS IN THE JUDICIAL SYSTEM

Abstract

In the contemporary context, the digital age has brought about a profound revolution in the way people connect, interact and participate in society. The rise of technology and the internet has not only facilitated access to information, but has also redefined the dynamics of social participation and the exercise of individual and collective rights. This phenomenon extends to the legal field, where digitalization has significantly impacted the way citizens interact with institutions and seek access to justice.

Online citizenship has emerged as a direct consequence of this digital transformation. It refers to the ability of citizens to actively participate in political, social and legal life through digital platforms and online technologies. This concept goes beyond the simple use of the internet; it encompasses the ability to use these tools to exercise rights, influence political decisions, and access services and information in an efficient and inclusive manner.

This new possibility of exercising citizenship online has created fertile ground for expanding civic engagement and democratizing access to information and justice. Through digital platforms, citizens can now not only seek information about their rights, but also actively participate in debates, petitions and processes that were previously far from their sphere of influence.

However, despite the numerous advantages offered by online citizenship, this reality is not without its challenges. Unequal digital inclusion, for example, is one of the main obstacles that limit equitable access to these tools. Not everyone has the same ease of access to the internet or technological devices, creating a disparity in the full exercise of online citizenship. In addition, the complexity and bureaucracy of certain systems, especially in the legal sphere, can be an obstacle to understanding and effectively using the available platforms. Often, the technical language and required procedures become barriers for individuals who are less familiar with these digital environments.

Therefore, the digital revolution has brought advances in the interaction between citizens and government institutions. However, many still face technological and bureaucratic barriers that need to be overcome. These obstacles are crucial to address in order to ensure equal access to the benefits of online citizenship, especially in the legal field, where access to justice is essential. It is essential to promote initiatives that aim to eliminate these barriers and ensure digital inclusion for all, in favor of a more just and equitable society.

My 25-year career in the justice system has provided me with a privileged view of the transformations that this institution has undergone over the years. During these two and a half decades, I have witnessed first-hand the transition from paper to digital systems, marking an era of profound changes in the way justice is accessed and administered.

However, along this journey, I have also come across a reality that cannot be ignored. Many people, especially those from disadvantaged communities, face considerable difficulties in accessing the digital resources made available by the justice system. In many cases, these barriers are a direct result of a lack of familiarity with technology or the lack of financial resources to invest in equipment and an internet connection.

These observations led me to reflect deeply on the role of digital inclusion points as essential tools to promote inclusion in the justice system. After all, access to justice should not be an exclusive privilege of those who master technology, but rather a fundamental right of all citizens, regardless of their socioeconomic status.

It is in this context that the motivation for this master's thesis arises. I intend to carry out a detailed analysis of the digital inclusion points available in the justice system, investigating how these resources can be improved and expanded to meet the needs of the most vulnerable communities. In addition, I intend to examine the specific challenges faced by these groups in accessing justice online and propose strategies and policies that can mitigate these difficulties.

By addressing this issue, I hope to contribute to the construction of a more inclusive and accessible justice system. The goal is to ensure that all citizens, regardless of their origin or social status, have equal opportunities to assert their rights and seek a fair resolution to their legal demands. This research not only reflects my dedication to public service, but also my commitment to promoting justice and citizenship for all members of society.

The rationale for this dissertation arises from the need to analyze and improve digital inclusion points in the justice system, aiming to make them more efficient and accessible for vulnerable communities. This research not only focuses on the legal sphere, but also covers several areas of knowledge, reflecting its interdisciplinarity and wide-ranging impact. Thus, this study benefits from interdisciplinarity by integrating knowledge from information technology, sociology, law and education. By addressing digital inclusion points in the justice system, it aims not only to improve accessibility to justice, but also to promote equal opportunities for all citizens in the exercise of their fundamental rights.

Therefore, the objective of this research is to investigate the role of the Digital Inclusion Point (DIP) as tools for the inclusion of digitally excluded people in the justice system. An analysis will be carried out on how these points contribute to access to justice and the promotion of online citizenship. In this context, the central problem that emerges is: What are the main barriers that prevent or hinder the full exercise of online citizenship in the search for access to justice? This question aims to identify the specific obstacles faced by citizens in using digital technologies to access the judicial system, emphasizing socioeconomic, technological and structural challenges that affect the effectiveness of digital participation in the legal sphere.

To achieve this purpose, specific objectives were outlined to guide the investigation: to map and analyze international and national regulations on access to justice; to problematize online citizenship in a democratic context, exploring the participation of citizens in virtual environments; to analyze the initiatives of the Judiciary, with an emphasis on Digital Inclusion Points (PIDs), and their impact on promoting accessibility and efficiency of the Brazilian judicial system, considering how they contribute to overcoming technological, economic, geographic and cultural barriers faced especially by marginalized groups.

This study adopts a qualitative methodological approach, with exploratory research, using a bibliographic review and a case study regarding the analysis of PIDs in the Court of Justice of Rondônia (TJRO) for access to online justice. The choice of the qualitative method is due to the investigative nature of the study, which seeks to deeply understand the issues related to digital inclusion and access to online justice.

According to Minayo et al., (2011), qualitative research aims to understand social phenomena in all their complexity, emphasizing the depth and subjectivity of human experiences. It highlights the importance of understanding the meanings, motivations, beliefs and values ​​of the participants, as well as the context in which these phenomena unfold. Denzin and Lincoln (2011) define qualitative research as a field of investigation that encompasses various interpretative practices that make the world visible. These practices transform the world into a series of representations, including field notes, interviews, conversations, photographs, recordings and memos to the researcher himself. They emphasize that qualitative research involves a naturalistic and interpretative approach to the world, attempting to understand or interpret phenomena in terms of the meanings that people attribute to them.

As for the objectives of this study, exploratory research was chosen. This approach is also defined by Minayo et al. (2011) as a method that seeks an in-depth understanding of social phenomena, often exploring little-known or little-studied areas. This choice is justified by the ability of exploratory research to provide an initial and broad view of the topic, allowing the identification of relevant variables and directing the analysis more precisely.

In this context, as a methodological procedure, bibliographic research was adopted, which, as suggested by Gil (2002), is used to conduct a survey, selection and critical analysis of works already published on the subject. According to Lakatos and Marconi (2003), the bibliographic review is essential to identify the state of the art of the researched topic, providing a solid basis for the analysis of the collected data. It allows the study to be situated within the context of research already conducted, identifying gaps and opportunities for contribution. This method provides an in-depth and contextualized understanding of the topic in question, allowing the exploration of relevant theoretical contributions related to digital inclusion, access to online justice and the implementation of technologies in the legal field.

To this end, authors who address the topic were used, such as Cappelletti and Garth, Fontainha, Gomes, Junqueira, Lévy, Mattos, among others, whose works provide a robust and diversified theoretical basis for the analysis of the challenges and opportunities in access to justice and digital inclusion in the Brazilian context.

In addition, the case study was used to analyze the points of digital inclusion in the TJRO with regard to access to online justice. As outlined by Gil (2002), the case study is a research strategy that focuses on a thorough and detailed investigation of a specific phenomenon in a particular context. The case study was conducted through documentary analysis of data available on the internet, in addition to information reported by Diego Antunes Souza Carvalho, from the Digital Forums Coordination/SCGJ of the TJRO. This approach allowed a detailed and empirical investigation of PIDs and their impact on promoting accessibility and efficiency of the Brazilian judicial system.

The choice of the TJRO as the focus of the study was motivated by the fact that the TJRO represents a relevant legal institution in the Brazilian context, playing a fundamental role in the administration of justice in the state of Rondônia. It is worth mentioning that the TJRO was awarded the Innovare Prize for its Digital Inclusion Point project, which was the main reason behind choosing this court as a case study. This recognition reinforces the importance and innovation of the initiatives adopted by the TJRO, making it a significant example for analysis and research.

Thus, the specific analysis of the digital inclusion points in the TJRO will aim to identify the barriers and challenges faced by different social groups, particularly those belonging to socially impoverished strata. In this way, the combination of a literature review and an analysis focused on the specific context of the court will contribute to a more comprehensive understanding of the issues related to digital inclusion and access to online justice. This will highlight challenges and possible areas for improvement within the TJRO.

In this context, the research is theoretically based on the seminal work of Mauro Cappelletti and Bryant Garth (1988), who explored in depth the issues related to access to justice. In relation to the digitally excluded, the studies of Pierre Lévy (2002; 2011) and Fabiana Spengler and Humberto Dalla Bernardina de Pinho (2018) are considered, who contributed significantly with their research on digital inclusion and exclusion.

In addition, the works of Deo Campos Dutra and Eduardo Oliveira (2018), Victor Varcelly Farias (2013) and again Fabiana Spengler and Humberto Dalla Bernardina de Pinho (2018) are explored in the context of online democracy and citizenship. Additionally, the contributions of Bruna Patricia Ferreira Pinto, Vinicius Pinheiro Marques and David Nadler Prata (2021) in the scope of the electronic judicial process, among other relevant authors, are considered.

Therefore, beyond this introductory section, the study is composed of three distinct chapters. The first addresses the importance of access to justice as a fundamental principle for the protection of individual rights, examines existing obstacles and proposes measures to promote equal access. The second chapter explores the various manifestations of democracy, highlighting the intersection between technology, democracy and access to justice in the digital age. It emphasizes not only the opportunities offered by technology, but also the challenges and equity issues associated with the transition to online justice services. The third chapter highlights the significant transformation brought about by the computerization of the Brazilian judicial system, with special attention to the challenges faced by the digitally excluded, particularly within the context of the TJRO PIDs. Finally, the study will present concluding remarks.