Automated denials by the INSS robot as an obstacle to access to justice

Abstract

The present work consists of an analysis of the data contained in the Evaluation Report of the National Social Security Institute (INSS) of October 2023 carried out by the Comptroller General of the Union (CGU), which evaluated the way in which the INSS automated system determined a series of benefits independently. The automation of the INSS corresponds to an initiative to expand “digital justice” in the judicial system, facilitating citizens' access to services offered by the State and achieving the objectives of the sixth wave of access to justice. However, the implementation of such services without due precautions could worsen the already unhealthy state of access to justice in the country. Thus, using a legal-sociological methodology, the study of waves of access to justice was developed based on the contributions of Cappelletti and Garth (1988), with a special focus on the sixth wave, analyzing its peculiarities and contemporary challenges. The investigation culminated in a critical appraisal of the report prepared by the CGU (Brazilian Comptroller General's Office), used as an analytical framework for understanding the current impacts of this movement. It should be noted that the theoretical construction of this study was based on a broad bibliographic review, encompassing scientific articles, theses, dissertations, and monographs. Regarding the report, it is clear that the INSS robot promoted an increase in the denial of various benefits, with an emphasis on those that protect people in extremely vulnerable situations, which culminated in an increase in appeals filed with the INSS. It is concluded, therefore, that the aforementioned automated system has hindered access to digital justice by Brazilian citizens, failing to comply with its real objectives.