10 Years of The CPC in The Post-Digital Society: The Sniper System and the need for an algorithmic due process

Abstract

This article analyzes the ten years of the 2015 Civil Procedure Code from the perspective of the Post-Digital Society, investigating the challenges imposed by algorithmic opacity in contemporary civil enforcement. Given the recognition of the digital environment and the autonomy of digital assets by the Civil Code Reform Preliminary Project (2024), an operational insufficiency of state asset investigation tools is observed, especially the SNIPER system. Although created to provide speed and efficiency, these mechanisms operate under the technological "black box" phenomenon. The central issue lies in the substantive unconstitutionality of opaque judicial decisions and automated reports that, by withholding explainability regarding the tracking and restriction of dematerialized assets and cryptoassets, frontally violate the non-surprise principle, substantial adversary system, and human dignity, fostering patrimonial violence and fraud. As a procedural response to this gap in human control, the implementation of the Algorithmic Due Process Incident (IDPA) is proposed. This is an incidental and cognitive pathway capable of ensuring the transparency, auditability, and governance necessary to safeguard fundamental guarantees and the effectiveness of judicial protection in the era of algorithms.