BIG DATA AND SIMPLIFIED JUSTICE: REVOLUTION, POTENTIAL AND ETHICAL IMPLICATIONS OF THE USE OF ARTIFICIAL INTELLIGENCE IN CONFLICT RESOLUTION IN SPECIAL CIVIL COURTS

Abstract

This study analyzes the potential of Big Data and Artificial Intelligence (AI) in optimizing the resolution of repetitive cases within Small Claims Courts (Juizados Especiais Cíveis - JECs), considering their practical possibilities and ethical challenges. JECs play a crucial role in the Brazilian judicial system, handling lower-complexity cases with clear financial limits, such as claims not exceeding 20 times the minimum wage, where legal representation is optional. With the increasing volume of repetitive litigation and the need for decision uniformity, technologies like Big Data and AI emerge as tools capable of enhancing efficiency and democratizing access to justice, fostering greater speed and predictability in judicial processes.This research seeks to address how Big Data can optimize the resolution of these cases and what the main ethical challenges are, such as privacy, transparency, and algorithmic bias. The study’s overarching goal is to evaluate the applicability of Big Data in the context of JECs, exploring both optimization possibilities and the resulting challenges. Specifically, it investigates the effectiveness of predictive analysis in reducing unnecessary litigation and standardizing decisions, examines the feasibility of legal crowdsourcing on digital platforms, evaluates ethical challenges, and proposes a digital system model based on Big Data and AI. The study’s relevance lies in the need to tackle the challenges posed by the growing number of repetitive claims, which overburden the judicial system and compromise procedural speed. Advanced technologies offer promising solutions to these issues but must be implemented with ethical responsibility, respecting litigants’ privacy and mitigating risks of discrimination. The research employs a qualitative methodology, based on literature review and document analysis, and proposes the development of a theoretical model for a digital system that operates during the preliminary phase of disputes, encouraging extrajudicial solutions. Limited to cases of up to 20 times the minimum wage, the model seeks to preserve the legal profession’s market while improving system accessibility and efficiency, promoting a balance between technological innovation and the fundamental values of justice.