O acesso tecnológico à justiça: por um uso contra-hegemônico do big data e dos algoritmos

Abstract

The thesis presented here consists of the study of technological access to justice in the 21stcentury, essentially through rights, starting with the evolution of the big data and the writing ofalgorithms. With the analysis of the constituent elements of the new paradigm presented, theobjective was to demonstrate how the "datification" of human behavior in a large volume andits control by large technological corporations can serve to manipulate the market and society,interfere in democratic processes and serve as a mechanism of oppression for minority humangroups. We sought to unveil global practices with the use of the big data and its main problems,as well as describe how the hegemonic market algorithms and their essential contradictionswork. We sought to investigate and evaluate the possibility of adopting a counter-hegemonicapproach to big data and algorithms by means of a form of social control, now with a view tothe realization of social rights. This would constitute a new phase of access to justice, the fifthstage of an infodemocratic society. To that end, the methodological approach adopted inscientific research was legal-sociological, the chosen technique was the theoretical research,the predominantly dialectical reasoning and the type of research selected was the juridicalprojective or prospective legal, of great importance for the analysis of trends, in which it wasbased on premises and conditions in force to detect future trends of a given legal institute, inthis case the technological transformations of access to justice. In the sixth chapter, a legalpropositional approach was adopted, in which elements of an application for school climatemanagement were proposed.