An Institutional Analysis of Litigation Growth in Brazil's Electronic Justice System

Abstract

This study examines an unexpected consequence of judicial digitalisation in Brazil: the substantial increase in new legal cases following the implementation of the Court Case Management System (CCMS). While digital technologies were introduced to improve judicial efficiency, reduce backlogs, and lower costs, Brazil’s experience shows that such technologies can also generate unforeseen effects, specifically, a rise in both legitimate and predatory litigation. Drawing on the Technology Enactment Framework (Fountain, 2001), this paper employs qualitative research, including interviews with legal actors and an analysis of official data, to examine how institutional arrangements influence the outcomes of IT implementation in the judiciary. Findings reveal that while CCMS expanded access to justice, it also enabled abusive litigation practices that strain judicial resources. The study highlights the importance of institutional context in shaping technology use and offers critical insights for designing more resilient and adaptive e-justice systems.