DIGITAL EXCLUSION AND DUE PROCESS OF LAW: THE IMPACTS OF VIRTUAL HEARINGS ON THE FUNDAMENTAL RIGHTS OF THOSE UNDER THE JURISDICTION OF TOCANTINS

Abstract

This study analyzes the consequences of adopting virtual hearings in procedural communication in the State of Tocantins, focusing on the risks to the realization of the constitutional principles of adversarial proceedings, full defense, and access to justice. The investigation examines how the shift from in-person to virtual hearings, driven by the COVID-19 pandemic, influences the quality of interaction between procedural subjects and the effectiveness of the fundamental rights of those under the jurisdiction of the courts. The research employs a qualitative and exploratory methodology, through an interdisciplinary bibliographic review that integrates procedural law, communication theories, and legal sociology. Furthermore, it includes documentary analysis of resolutions from the National Council of Justice and regulations from the Court of Justice of Tocantins, along with perceptions obtained from magistrates, public defenders, and lawyers. The theoretical framework analyzes procedural communication as an indispensable component of due process, highlighting the relevance of nonverbal language in the formation of judicial conviction and recognizing digital exclusion as a risk factor that compromises access to justice. An assessment of the context in Tocantins reveals challenges linked to its vast territorial extension, socioeconomic inequalities, and inadequate technological infrastructure—factors that hinder the effective participation of vulnerable groups. The results indicate that, although virtual hearings offer benefits such as reduced costs and procedural speed, they impose considerable restrictions on full communication, hinder the interpretation of nonverbal cues, and establish technological barriers that can violate fundamental procedural rights. The investigation concludes that virtualization, in the absence of adequate safeguards, exacerbates pre-existing social inequalities. A hybrid model is proposed that reconciles technological innovation with the protection of fundamental rights, through objective criteria for choosing between in-person and virtual modalities, universal access to adequate infrastructure, continuous training of legal professionals, and the implementation of public policies aimed at digital inclusion.