Humanização x inteligência artificial: qual o futuro da tomada de decisão no poder judiciário brasileiro?

Abstract

The aim of this study is to prospectively examine the introduction of Artificial Intelligence (AI) concerning the fundamental procedural safeguards established in the 1988 Federal Constitution, with the purpose of identifying the parameters and requirements for the use of AI in decision-making within the judicial system. More specifically, it intends to investigate, based on specific literature and scientific articles, whether or not it is possible for computers to legitimately adjudicate cases, potentially replacing a human judge. Additionally, it seeks to elucidate how human cognitive biases can be replicated by machines, as well as the inaccessibility or inexplicability of algorithms, potentially challenging established principles such as adversarial proceedings, due process, and the rationale behind decisions. To achieve this, an exploratory research approach is chosen, employing deductive methods and utilizing research techniques and procedures including literature review, document analysis, legislative consultation, and case studies. In conclusion, it was possible to realize that it is not possible to attribute the decision-making function exclusively to machines.