With the arrival of the pandemic, many digitization projects were accelerated and all the jurisdictions of the Judiciary ended last year with great changes: the one hundred percent digital file, the possibility of litigating remotely, virtual hearings, and a mobile application. The next challenge: the incorporation of Artificial Intelligence for tax executions.
The Judiciary, like the rest of the State powers, has a legislative authorization to implement the electronic file.
While Neuquén formed an inter-power commission to reform the civil and commercial procedural code, in Río Negro the changes are implemented through agreements that are administrative decisions of the Superior Court of Justice (STJ). Then, if the systems yield results, legislative changes are promoted.
In fact, the Criminal, Labor, Family and Administrative Litigation courts have new codes, recently sanctioned.
The last reformed code was that of labor procedure: Law 1504, which was four decades old, took a 360 degree turn. Now It is called Law 5631 and for the first time it regulates the electronic file. There is also a project to reform the civil and commercial code, as Neuquén intends to do.
First experience: criminal justice
The first reform experience in Río Negro was that of the Criminal Court in 2017, which required a large investment in technology and in the case management model.
The new code printed speed and transparency, although the Prosecutor’s Office has not risen to the occasion in many large cases, especially with the issue of gender and sexual abuse. That reform ended with the incorporation of jury trials.
estimated There have already been a dozen lawsuits in which the citizens resolved on the innocence or guilt of defendants or defendants for criminal offenses. The administration model through Judicial Offices was replicated from Criminal, Civil, Administrative Litigation, Family and Labor jurisdictions.
EThe Civil Court ruled out the cases involving the State and the Administrative Litigation jurisdiction, which was provided for in the Constitution of Río Negro, was launched.
Currently, all the jurisdictions of the Judiciary function under the administration of Judicial Offices, a model that separates the administrative task and leaves judges alone to resolve disputes. No more excuses for magistrates: society no longer tolerates being late.
The strong commitment to self-composed conflict resolution methods lowered the number of lawsuits in Río Negro. Many of these cases are resolved in mediation, labor conciliation or through the law on occupational hazards, to which the province adhered. Of ten conflicts prosecuted, eight are resolved in mediation. In other words, only two go to trial.
In this scenario, the one hundred percent digital file for all jurisdictions and the development of a proprietary system that was in charge of Systems Management proposes a justice that works “on automatic pilot”, admitted lawyers litigating in Río Negro.
Virtual hearings and the possibility of litigating and accessing the files from a platform on the cell phone of registered lawyers shortens distances. “Today a cassation can be presented from Cipolletti to the STJ without having to travel 600 kilometers”counted the lawyers.
artificial intelligence vs natural intelligence
The technological revolution shakes all areas equally and the Judiciary is no exception. That’s why The Systems Management of the STJ is working on a project that will be implemented during the course of this year in the Civil and Administrative Litigation jurisdictions.
In the presentation made in February, the judge of the STJ Ricardo Apcarián, in charge of the Judicial Management Computerization Committee, emphasized that it is a tool that speeds up the process, but always the role of the judge who is ultimately the one who makes the decision is preserved.
It is used for standardized, repetitive processes, in which Artificial Intelligence makes it possible to replace a formal control that was previously carried out by an employee, with a greater degree of certainty or less possibility of error. The sentences are motivated, and that remains in the hands of judges and judges.
The development will be applied in a first stage to fiscal executions. As explained, each time a defendant is charged, the system will verify if there is a universal process, which can be a bankruptcy or a succession, in which that person is a party.
To reach this instance, there was prior agreement work for the regulation of fees. The system, at this time, applies two formulas depending on the amount of the foreclosure.
Apcarian explained at the meeting that the system requires consensus and unification of criteria to facilitate the training of artificial intelligence and make the justice service predictable. “We aim to lower the rate of litigation and decompress the work of judges, judges and employees of the agencies”, pointed out.
“Río Negro is one of the most advanced provinces”
Raúl Franco, president of the Alto Valle Oeste Bar Association, celebrated the changes that the Judiciary has been implementing in terms of digitization. Yes ok It was a process that drew the irruption of the pandemic, not only facilitated the processes but also accelerated the service of justice: one of the great demands of society.
In addition, the lawyer said that work is being done on the new Artificial Intelligence project for payment judgments, but that for the moment it is in the evaluation stage. “Each of the systems today is digitized to 100% of the digital processes. This leads to a path that accelerates the processes and that the defendant receives a sentence in a shorter time”, he indicated.
He added that before the pandemic, to make a presentation in one of the other constituencies of the province, or an appeal before the Superior Court of Justice, you had to travel. Today only with an email is resolved. This also allowed presentation and response times to be cut.
Franco assured that Río Negro is one of the provinces of the country with the most advances in digital matters. “I travel the country with the Federation and it is undoubtedly one of the most advanced provinces in the digitization processes. Even in the digital file as a book. One of the principles of justice is procedural economy and I believe that these changes with all the security regulations come to favor the speed of the processes and are benefits for the litigants”.
The lawyer also stressed the importance of the implementation of the hybrid hearing system that was a consequence of the pandemic. “Although I am in favor of face-to-face hearings, many times the digital medium favors situations that with face-to-face hearings only generate delays. For example, moving to another city to define a reconciliation or not. That audience can last 15 minutes “he concluded.
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