Digital justice in Argentina – a change accelerated by the pandemic

Dr María Laura Rozental

In the last decade there have been very important advances in technology and the Argentine courts were not immune to the process. Our justice system incorporated some of the benefits of the use of technology to judicial processes through laws that regulated the different issues involved.

Judicial informatics is a fundamental part of the process of modernising justice that was accelerated with the advent of the Covid-19 pandemic, creating a new paradigm of justice service through the use of new technologies that have allowed us to redesign judicial processes in pursuit of various benefits and improvements. These improvements included increasing the speed and effectiveness of procedures, streamlining processes, implementing electronic signatures with identical legal effectiveness and probative value, reducing costs, minimising the use of paper, etc. But there have been some drawbacks.

The new challenge for these technological processes in Argentine justice is to preserve due process and prevent technology from deviating from the norms provided by our legislation. It is essential that technical security and document authentication mechanisms are implemented that allow the electronic judicial file to be a technological, innovative and useful opportunity to de- bureaucratise the traditional litigation system; to facilitate the access of all judicial interveners to the same documentation and files simultaneously, while avoiding making paper copies of procedures that consist of a high number of pages.

This process must be gradual, the change to the electronic judicial file implies an organisational and cultural change that requires appropriate change management, where education and training play an essential role. A change in the model, in the mentalities of judges, lawyers and the public in general is essential. In short, it is developing an understanding of the importance of being digital, thinking about digitalisation and the benefits that it provides, but using a cautious, little by little approach.

 

XLNC MAGAZINE | No. 08 | Autumn 2021

 

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