A FUNÇÃO DO AMICUS CURIAE COMO MECANISMO DE ACESSO À JUSTIÇA NAS DEMANDAS JUDICIAIS ENVOLVENDO NOVAS TECNOLOGIAS

Abstract

: Information and Communication Technologies (ICTs) have triggered a rapid transformation in society, deeply impacting all spheres of human life, including the field of Law. The latter, as a constantly evolving social science, seeks to adapt to social changes to ensure justice and equity. However, the speed and complexity of changes brought by new ICTs pose a significant challenge to Law, as legislation often doesn't promptly keep pace with these transformations. The accelerated dynamics of new technologies generate a series of legal conflicts that daily reach the courts. Yet, judges don't always possess the necessary technical knowledge to grasp the intricate details of the presented new subjects, becoming a barrier to accessing justice. Faced with this reality, the research aimed to investigate the feasibility of amicus curiae intervention in judicial demands involving new technologies. The analysis was conducted at an exploratory and explanatory level, employing deductive methods. To underpin the study, specialized literature and relevant legislation on the subject were examined using bibliographic and documentary research techniques. The research showed that amicus curiae could be an effective instrument to ensure access to justice concerning judicial demands involving new technologies. Amicus curiae allows civil society to contribute to the judicial process by providing relevant information and clarifications on the facts and legal issues involved in the case, facilitating the understanding of Law regarding new ICTs, and notably assisting the judge in comprehending complex and specific topics emerging in this context. The presence of amicus curiae in complex legal actions laden with peculiarities – such as cases involving new technologies – favors the accurate assessment of litigation, enhances the application of norms, and improves judicial protection.