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Opinión Jurídica
Print version ISSN 1692-2530On-line version ISSN 2248-4078
Abstract
LANGROIVA PEREIRA, Cláudio José and LOBO MARCHIONI, Guilherme. Right to Knowledge of the Accusation, Guarantee to a Court Interpreter and Application of Translation Software in Procedural Acts. Opin. jurid. [online]. 2021, vol.20, n.spe43, pp.433-453. Epub Nov 19, 2022. ISSN 1692-2530. https://doi.org/10.22395/ojum.v20n43a18.
The article discusses the challenges of language as a means of communication, especially regarding legal expressions, and the difficulties faced by a person who is bound to answer a legal procedure in a language not known to him. Also presents the position of interpreters, the court translation professionals, and the importance of translation effectiveness as right within the due process of law. Further on, the text approaches the hypothesis of replacing the court translators for applications that convert written language. The effectiveness of such technology is confronted against the right of defendants in a criminal lawsuit to understand the procedure, as to fulfill their human rights recognized in the Constitution and the American Convention on Human Rights. The methodologies for this article are bibliographical research, analysis of legislation and review of jurisprudence, which resulted in the perception of a relevant disparity between the desired effectiveness of the examined judicial guarantee and the questionable accuracy of automated methods of translation applied during judicial procedures.
Keywords : interpreter; translation; language; american convention on human rights; right to a fair trial.