JUSTIÇA SEM JUIZ? CORTES DESCENTRALIZADAS EM BLOCKCHAIN COMO SOLUÇÃO MULTIPORTA

Abstract

The Brazilian justice system is overloaded, inefficient, and increasingly unprepared to deal with the complexities of modern digital disputes. Conflicts arising from tokenized transactions, smart contracts, and blockchain technologies demand new forms of dispute resolution. This article explores the potential and limitations of decentralized courts built on blockchain networks as an emerging access-to-justice mechanism. It begins by identifying the crisis of the traditional centralized state judiciary and the shift towards a multi-door justice system that incorporates extrajudicial services, online dispute resolution (ODR) platforms, and more recently, decentralized autonomous organizations (DAOs). Drawing on international experiences, such as Mexico's 2024 General Law on Alternative Dispute Resolution Mechanisms, and on technical features of blockchain, the study argues that decentralized courts may serve as efficient solutions for low-complexity disputes. While still constrained in handling highly subjective or principle-based legal issues, such platforms have the potential to significantly reduce litigation volume within state courts. The article ultimately reflects on the evolving notion of jurisdiction and the role of the state in regulating a reconfigured justice infrastructure for the 21st century.