Inteligência artificial nas tomadas de decisões pelo poder judiciário e os sentidos de justiça

Abstract

In the current context, with the great advancement of Artificial Intelligence, several organizations are adopting different systems in order to improve their performance. In the Judiciary, more and more AI-based technologies have been implemented to assist judges, lawyers and other professionals in the legal field in their activities. In decision-making by the judiciary, Artificial Intelligence has had profound implications for justice, for the efficiency of the judicial system, as well as for the trust of litigants in relation to the Judiciary. Therefore, as this is a contemporary topic, it is imperative that we examine thoroughly and with a critical perspective the tools that appear to be possible answers to challenging issues related to legal litigation. Therefore, the general objective of this research was to investigate what the limits of the use of artificial intelligence by Brazilian courts in decision-making should be, to promote justice within the parameters of the Constitution. The methodological approach of this work proposes a compilation of bibliographical research through a systematic literature review and case study. The study was based on a bibliographical review by the main authors who deal with the proposed topic, namely: Artificial Intelligence as a single science; Law and Artificial Intelligence together; the meanings of justice within the limits of the Federal Constitution and, finally, Artificial Intelligence in decision-making by the Judiciary. Secondly, an exploratory case study was carried out on Artificial Intelligence systems: RADAR, within the State Courts and VICTOR within the Federal Supreme Court, which are already in use by the Judiciary to make auxiliary decisions. It was verified throughout this research that the use of Artificial Intelligence in decision-making by the Judiciary, in order to completely replace the human action of the trial, would not be an instrument capable of promoting justice. It follows then that careful consideration must be given to the risks and limitations inherent in this approach to ensure that all litigants obtain justice in its most genuine form.