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Artigo
Crowdsourcing jurídico como construção de conhecimento jurídico: aplicações no direito pátrio
This article analyzes the institute of crowdsourcing in the construction of legal knowledge, considering the new global paradigm of inserting technological tools and forms of logic into the legal field, in order to improve its procedures and achieve fairer and more uniform decisions. Thus, its ma...
Autor principal: | DAMASCENA, Amanda Saraiva |
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Grau: | Artigo |
Publicado em: |
2024
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Assuntos: | |
Acesso em linha: |
https://bdm.ufpa.br/jspui/handle/prefix/7460 |
Resumo: |
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This article analyzes the institute of crowdsourcing in the construction of
legal knowledge, considering the new global paradigm of inserting technological tools and
forms of logic into the legal field, in order to improve its procedures and achieve fairer and
more uniform decisions. Thus, its main objective is to conceptualize crowdsourcing,
together with the beginning of the discussion on its possible forensic applications. For this
analysis, a survey of bibliographic and case law material was carried out; afterwards, the
material was cataloged by topic and fiched; and finally, the written production, dividing the
article into three parts. Using the deductive method, the study begins with the
conceptualization of crowdsourcing, going through the historical structuring of the term
and contextualizing its origin. Next, considering the agreed concept and focusing on the
subject in the legal field, we analyze its application in the various branches of law, paying
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attention to foreign legal systems and its emergence in the Brazilian legal system. Focusing
on civil procedural law, we examine its use in the multi-door conflict system, looking at
possible applications that are in line with the principles of self-composition, the
participation of the parties and the search for balance and cohesion in conflict resolutions,
whether pre-procedural or in the form of litigation. The conclusion is that the model of
obtaining knowledge through the cooperation of agents from different social contexts
implies an expansion of democratic judicial construction with broad popular participation,
with legal crowdsourcing establishing itself as a new gateway for resolving conflicts and
ensuring greater effectiveness of legal protection. As a result applied to civil procedural
law, it is plausible to directly relate this institute to that of the amicus curiae, pointing to
the structuring of a pre-procedural third-party intervention whose purpose is to standardize
conflict resolutions obtained through self-compositional methods. |