Inovações tecnológicas e acesso à justiça contemporâneo: estudo exploratório da crescente adesão à inteligência artificial pelo Judiciário e seus impactos nas múltiplas dimensões do acesso à justiça.

Abstract

This study aims to analyze the multiple dimensions of access to justice that are directly affected by the adoption of technological tools in the contemporary judiciary, a process accelerated by the deleterious effects of the COVID-19 pandemic. The Brazilian judiciary has been quick to embrace innovations to modernize the handling of legal proceedings, such as conducting remote hearings and telepresence sessions, in addition to the sharp expansion of artificial intelligence systems to manage and execute procedural tasks. However, the judiciary still faces multiple challenges that hinder the true social inclusion of citizens. This research seeks to address the issue directly: with the widespread adoption of artificial intelligence tools in the procedural system, is there truly access to justice for citizens? It is essential to determine whether, despite the evident obstacles that emerged after the pandemic, these tools incorporated into the Brazilian procedural system are sufficient to provide accessibility to judicial bodies in a way that adequately meets citizens' needs. Only by recognizing this scenario will it be possible to fully explore the potential of the existing tools. The proposed research will discuss the instrumental richness of the Brazilian judicial process model while contrasting it with the marked reluctance of legal practitioners to fully utilize the possibilities offered by these tools. The study will first examine the general experience of the judiciary and then analyze the local application of these principles through an assessment of the experience of the Pernambuco Court of Justice (TJPE). The analysis will be guided by a critical perspective on the efficiency of intelligent instruments, aiming to determine whether these tools can enhance the effectiveness of judicial protection and how their contribution can be expanded to better realize the ideal of access to justice.