A tecnologia como instrumento de otimização da tutela executiva civil brasileira

Abstract

This paper studies how technology can help address the problem of the overload of the Judiciary and the consequent restriction of the fundamental right of access to justice. Its objectives are to propose a legal definition for the terms "efficiency," "effectiveness," "enforcement of judicial decisions," and "optimization", followed by a critical analysis of the available data on Brazilian litigation and compliance with judicial decisions. The existence of both a superficial understanding of these phenomena and the limitations of procedural tools developed so far (including those present in the CPC/2015) to address the crisis of the Judiciary is highlighted. In the face of this contradictory scenario, where there is an excessive search for a system that seems not to work, the following problem question is proposed: how can technology help optimize Brazilian civil enforcement? Ultimately, it was possible to present concrete proposals for the use of technology to bring about significant changes in this scenario, while recognizing that technology cannot be seen as a panacea or an end in itself, but as (yet) another necessary and valid step towards an optimized justice system, provided that its use is based on data, is concerned with interoperability between systems, and is centered on user design. The hypothetical-deductive method was used, with qualitative research based on bibliographic, documentary, legislative, and empirical-statistical studies for secondary data analysis.