The (un)access to justice and the use of technology as a disruptive technique of effectiveness
Technology. Modernization. Access to Justice. Online Dispute Resolution.
The present research aims to analyze the use of technology as a disruptive technique of effectiveness and guarantee of access to Justice, in a pandemic period and of great litigious demand. Nowadays, there is a huge procedural backlog pending examination by the Judiciary, mainly due to the litigious culture existing in Brazil, an issue aligned to an important number of claims that do not reach the Judiciary, because of the difficulty in accessing it. Thus, in face of this reality, one of the ways to solve this problem is to take advantage of Online Dispute Resolution (ODR), which consists of using the resources of technology for Alternative Dispute Resolution - ADR, whether these arise exclusively from legal relationships entered into in virtual space, or whether they originate from legal relationships established in the "real" world. Therefore, the use of technology to solve controversies is a feasible and necessary means, considering that many conflicts, such as those caused by traffic accidents, can be solved out of court, through ODR, without the need to move the state apparatus and, by reflection, result in procedural economy and speed. As methodology, a bibliographical research was conducted based on scientific articles published in national journals, books, theses and dissertations that dealt with alternative means of conflict resolution, especially online, and their true collaboration with access to justice. Hence, with this scenario, a prototype application was developed focusing on problems related to traffic accidents in the state of Rondônia, as an initial pilot for the use of ODR in the Rondônia Judiciary. As results, we have the prototype of the application that seeks to solve the demands related to traffic accidents, in order to reduce the backlog of lawsuits in Porto Velho, which are costly and slow, which has prevented access to justice.