Caminhos da “privatização” e da digitalização da administração da justiça

The present text addresses the increasing presence of private entities in contemporary justice administration. In Portugal, public policies have been developed allowing for the participation of these actors, but such an option raises concerns regarding ensuring the interest of good justice administration by private entities alongside their own interests. Additionally, the digitization of justice sometimes requires contracting services to private entities, particularly due to a lack of public knowledge and expertise in developing digital solutions, such as implementing algorithms. In this scenario, it is not uncommon for such algorithms to be secretive, adding to the fact that they are often opaque, which brings new problems regarding ensuring fair process, equality of arms, and judicial transparency.