ELECTRONIC JUDICIAL PROCEEDINGS IN BRAZIL: SYSTEMIC FRAGMENTATION, TECHNOLOGICAL GOVERNANCE, AND ACCESS TO JUSTICE

fragmentação sistêmica, governança tecnológica e acesso à justiça

Abstract

This article analyzes the transformation of Brazil's electronic judicial process as a public policy and investigates how the coexistence of different platforms affects governance, administrative efficiency, and access to justice. The research problem is to determine the extent to which technological fragmentation and limited interoperability weaken the coordinating capacity of the National Council of Justice and create costs or barriers for internal and external users. The study adopts qualitative, applied, bibliographic, and documentary research, combining a critical legal-dogmatic approach with public policy analysis. The corpus includes the Federal Constitution, Law No. 11,419/2006, the Code of Civil Procedure, regulations issued by the National Council of Justice, the Justice in Numbers reports, and the Federal Court of Accounts audit in Case TC 008.903/2018-2. The article concludes that digitization expanded remote access and made electronic filing predominant, but it does not, by itself, ensure speed, cost-effectiveness, or inclusion. The audit identifies governance failures, overlapping solutions, and insufficient interoperability. The Brazilian Judiciary Digital Platform represents a significant shift by promoting convergence, common standards, and shared services. The institutional response should not be reduced to the immediate imposition of a monolithic system; it requires national governance, mandatory interoperability, standardization, accessibility, user participation, and continuous evaluation.