WHATSAPP IN SPECIAL COURTS: TECHNOLOGY EXPANDING ACCESS TO JUSTICE AND HUMAN DIGNITY

Abstract

This article analyzes the use of the WhatsApp application as a tool within Special Civil Courts to expand access to justice and uphold human dignity, framing it within the access-to-justice theory proposed by Mauro Cappelletti and Bryant Garth. The objective is to examine how this technology contributes to realizing the fundamental rights of economically disadvantaged citizens. The study employs a qualitative approach and a deductive method, grounded in a literature review (1988–2025) and a normative analysis of Law No. 9.099/1995, Law No. 13.709/2018 (General Data Protection Law – LGPD), and the recent Law No. 15.263/2025. Secondary data from the 2025 National Public Defender's Office Survey were also utilized. The results indicate that WhatsApp functions as a "virtual domicile," overcoming geographical and economic barriers as well as the complexity of legal jargon, while simultaneously adhering to guidelines regarding transparency and plain language. However, the discussion highlights critical challenges concerning information security and the need to prevent new forms of digital exclusion. The study concludes that integrating this tool into the judicial system fosters positive social impacts, bringing the institution closer to the ordinary citizen and reinforcing its counter-majoritarian role in protecting vulnerable groups—provided that privacy safeguards and digital inclusion are upheld.