CMS Expert Guide to Digital Litigation in Peru

Before the COVID-19 pandemic, the digitalisation of the justice system had already begun in Peru through the implementation of various technological tools for judges, counsels, and parties to improve jurisdictional work and provide agility and transparency in the processing of judicial proceedings.

In this sense, seeking to eliminate physical files, the implementation of the electronic judicial file started, which according to its pilot plan was initially only applicable to civil-commercial proceedings.

Likewise, the electronic reception desk was created to avoid the need for parties to file their pleadings in person at the court. However, it was not implemented until the onset of the COVID-19 pandemic.

Certainly, the arrival of the pandemic posed a challenge for the Peruvian justice administration system since the Peruvian Judicial Branch was not fully prepared to put into practice several of the tools already created. However, to avoid the paralysis of jurisdictional protection during the COVID-19 pandemic lockdown in Peru, the use of such tools began and the creation of new ones was sought.

Currently, the Peruvian Judicial Branch is implementing its "Digital Government Plan", aimed at monitoring technological changes, and developing activities for the digitalisation of services and processes through the intensive use of digital technologies.

According to the Peruvian Judicial Branch, as of December 2022, there were a total of 640 jurisdictional organs (627 non-criminal jurisdictional organs and 13 criminal jurisdictional organs) throughout Peru that were using electronic judicial files.

Among the technological tools that were used before the COVID-19 pandemic and that are currently being used, we can cite:

1. The Electronic Judicial File (EJE) and the Electronic Reception Desk (MPE) are tools that allow the parties to check, read and download judicial files, allowing parties and their counsels to be immediately informed of judicial proceedings as well as file pleadings.
2. The implementation of the Electronic Judicial Auction System through which judicial auctions are administered virtually from the registration of the property to be auctioned until the declaration of the winning bidder.
3. The issuance of Electronic Judicial Edicts, which aims to provide the service of judicial edicts quickly through the platform designated by the Peruvian Judicial Branch.
4. The Judicial File Consultation System, through which the parties and counsels can monitor online the status of judicial proceedings free of charge.
5. The Electronic Notification Service of the Judicial Branch, a technological tool through which judicial notifications of the proceedings can be received electronically, addressed to an electronic mailbox designated by the parties of the proceedings, saving time and cost.
6. The creation of the Registry of Delinquent Judgment Debtors (REDJUM), consisting of a database with details of the judgment debtors who were in noncompliance of pecuniary obligations contained in consented or executed judgments. Moreover, the information is provided to the supervisory entity of banks and financial institutions.

In addition to these tools, other mechanisms were implemented at the onset of the COVID-19 pandemic to improve communication and interaction between parties and their counsels and jurisdictional personnel, which are still in force today:

1. The creation of the User Service Module (MAU), which provides a procedure for the attention of the consultations and requirements of the parties and their counsels regarding judicial proceeding to provide them with timely attention to their requirements.
2. The implementation of the tool called “El Juez te Escucha” ("The Judge listens to you"), which enables parties and their counsels to schedule interviews, in person or virtually, with the judges in charge of judicial proceedings.
3. The Digital Compilation of Court Decisions where all resolutions issued by judges are recorded as part of their jurisdictional work, enabling parties to learn the meaning and number of decisions issued by the judges in different proceedings.
4. Registry on the Meaning of Judicial Decisions, which enables parties to access the jurisdictional decisions issued by judges in their judicial proceedings. 

In addition, judicial hearings may be held in person or virtually. Virtual hearings must be carried out through the Google Meet application. The parties or their counsels must submit to the court a telephone number and a Gmail email address to coordinate any complications that may arise and also to send them the link so that they can connect and participate in the hearing, which will be recorded by jurisdictional staff.

The aforementioned tools are mandatory for the parties and judges since they are intended to expedite the processing of judicial proceedings.

For example, regarding to the electronic mailbox, through Administrative Resolution No. 260-2015-CE-PJ dated 19 August 2015, the Peruvian Judicial Branch implemented "The Guidelines for the Processing of Electronic Notifications" to electronically notify the parties. In this context, counsels were urged to create an electronic mailbox, which serves as their electronic procedural domicile.

With the electronic mailbox number, the counsel can create a user and password to access the electronic reception desk through which, according to Administrative Resolution No. 29-2023-P-CE-PJ, the counsel can file corresponding pleadings in each of the corresponding judicial proceedings.

Notwithstanding the above, in the case of judicial follow-up by the parties to the judicial proceedings, the use of the User Service Module (MAU) and the tool “El Juez te Escucha” has been made more flexible since, due to the courts' workload, response times were not respected, generating an impediment for the parties and their counsels to be able to move the proceedings forward. Thus, some judges currently grant interviews without scheduling an appointment through any of these tools. It is enough to show up at the court´s premise during the established opening hours.

Although there are different tools aimed at "digitalising the judicial proceeding", we cannot affirm that Peru has a complete and integrated digital litigation process.

Firstly, it has not been possible to digitise 100% of the judicial files. In this regard, the IT Manager of the Peruvian Judicial Branch stated that the goal for the year 2023 is to achieve the total digitisation of judicial files.

Additionally, due to Peru's geographical conditions, many court premises have limited access to internet and/or technological tools, which is why hearings continue to be held in person and not through videoconferencing.

Likewise, although priority is given to virtual interviews with judges, the fact is that the parties and/or counsels continue to be attended in person.

Currently, there is no legislative bill under debate that seeks the implementation of new technologies in the litigation process. However, we do not rule out the possibility of implementing additional measures soon, given that the Peruvian Judicial Branch is moving towards the digitalisation of the litigation process.

Recently, in December 2022, the Peruvian Judicial Branch added a new function to the User Service (MAU) to enable judicial files to be followed up and appointments to be requested with Magistrates at the Supreme Court of Justice of Lima so that the parties can also have access to information on their proceedings in the last judicial instance.

In addition, in December 2022 Peru began implementation of the electronic judicial file in the Permanent Criminal Chamber, Special Criminal Chamber, and Supreme Court of Preparatory Investigation in order to speed up criminal proceedings at the Supreme Court. This project is on track and should be completed this year.

Unfortunately, artificial intelligence is not used in Peru as a tool for jurisdictional work. However, through Administrative Resolution N° 000040-2021-CE-PJ, the Peruvian Judicial Branch approved the implementation of the "Tucuy Ricuy" project, which uses technological tools to automate and speed up attention times in gender violence cases.

This project will be carried out through a strategic alliance with the artificial intelligence laboratory of the University of Buenos Aires, based on the experience gained with Argentina's PROMETEA system.

In Peru, Law No. 29733 "Personal Data Law" is in force. Its purpose is to guarantee the fundamental right to the protection of personal data under the provisions of the Peruvian Constitution.

The protection of personal data also includes judicial proceedings. Therefore, through Administrative Resolution No. 000208- 2021-CE-PJ, the Peruvian Judicial Branch appointed a Digital Security and Personal Data Officer in charge of ensuring compliance with the provisions of Law No. 29733 and its Regulations.

Likewise, the Peruvian Judicial Branch urged each Superior Court of Peru's judicial districts to take organisational, technical, and legal actions to provide the security framework to comply with the protection of personal data.

The Branch also urged the Superior Courts to monitor the existence of ARCO rights procedures (access, rectification, cancellation, or opposition of personal data) in order to obtain information about their data and its processing.

Finally, the Peruvian Judicial Branch also decided to oversee the budgetary resources aimed at adequately managing each of the corresponding measures for the development of the duties of the Digital Security and Personal Data Officer.

We consider that no new risks have been generated with the implementation of new technologies in the litigation process.

Additionally, concerning consumers, Peruvian Procedural Law regulates the possibility of initiating joint actions. However, these are not automated (i.e. there is no single format to initiate such a lawsuit since a lawsuit must be drafted for each specific case).

In addition to the "Judicial File Consultation System", as of January 2022 the Peruvian Judicial Branch implemented the instant messaging system "Chatbot PJ", which provides information or automated responses on the Judicial Branch's services through WhatsApp, a technological and easily accessible platform.

The Chatbot PJ is available to parties 24 hours a day, seven days a week.

Likewise, regarding family law cases, the Judicial Branch has implemented an online platform to simplify the filing of child maintenance claims. In this way, the claimant parent only completes a virtual form and does not require counsel.