Design de sistemas para tratamento da litigância repetitiva: conjugação de precedentes, inteligência artificial e cooperação judiciária

Abstract

This study analyzed the impacts of excessive judicialization on the Judiciary, especially regarding actions related to credit contracts or legal relationships with financial institutions (general banking contracts). It assessed the negative repercussions of this judicialization on the provision of judicial services. Furthermore, it addressed the cost of excessive litigation for the justice system and its undesirable consequences in terms of reasonable process duration and the quality of judicial services. In this context, it was found that repetitive claims, with a focus on actions related to general credit contracts (herein referred to as revision actions for didactic purposes), require a personalized approach aimed at providing a faster and more effective resolution for users. This can be achieved through the promotion of self-composition via a dedicated platform, better management of the workforce allocated to such actions to handle the current volume, and the reallocation of human and material resources to more complex and urgent cases. The study also explored the system of mandatory precedents, highlighting its importance for legal certainty, predictability, and social peace. It was concluded that the system of qualified precedents is a suitable technical tool for addressing repetitive cases and mass actions. It was also observed that this system can help reduce litigation and overload, while ensuring legal certainty. However, the implementation of the precedent system faces challenges. Specialized literature suggests that the solution lies in the proactive stance of the justice institutions and the use of technological innovation, particularly through the development of artificial intelligence mechanisms for identifying and correlating binding precedents with litigated cases. Additionally, the need for the establishment of positive and efficient process management was emphasized, with the assistance of dispute system design (DSD) principles to create innovative procedural designs and artificial intelligence mechanisms to expedite case processing and resolution. Furthermore, judicial cooperation was suggested as a means to accelerate the resolution of such cases. This approach involves measures capable of forming a standardized production line, such as the distribution of responsibilities and mutual assistance in the execution of consecutive procedural acts among cooperating judges. These measures are expected to contribute to reducing litigation and facilitating the proper handling of repetitive cases through mechanisms that facilitate the application of precedents, ultimately leading to a more efficient and expeditious performance of the Judiciary.