Social implications of digital justice

Abstract

This study argues the social implications of digital justice. The pandemic crisis has changed the way in which justice is administered. It became urgent to find, through telematic means, solutions for the civil process, which would make it more agile in the exercise of its innate social and distributive function of justice and the common good.

The essential objectives consisted in highlighting the corrective measures indispensable to the administration of justice, at the same time, determining whether the extraordinary circumstances caused by the pandemic, which led to the application of the digital method, should lead to a new era in civil procedure and constitute an opportunity for a new beginning, making it more modern and functional, resistant to any form of pressure or exceptional moment, thus assuming the digital measures adopted a definitive character.

The methodology used was based on the study of the digital method, its use in courts; the evaluation and selection of judges and of lawyers, both of whom should have digital knowledge, in addition to a perfect knowledge of the law. We resorted to the analysis of the legal diplomas that frame and legitimate the application of digital justice, of the new technological means and platforms, going through the artificial intelligence systems and the problematic of the robotic judicial decision.

Although there is still a long way to go, the digitalisation of justice has contributed to its modernisation and greater agility in the various procedural stages, largely overcoming a system that was slow and obsolete. The introduction of artificial intelligence, through software that serves as search engines and databases capable of providing legal advice (machine learning), has proved to be of great value although it raises questions of security and origin of data for which no answers have yet been found.