A presença e o impacto das inteligências artificiais nos tribunais brasileiros

Abstract

The growing adoption of artificial intelligence (AI) technologies in various professional fields is an irreversible phenomenon in the era of informatization of the means of production. The Brazilian judiciary is not oblivious to such technological innovations, and their implementation has already brought about a number of benefits. However, there is a range of challenges and ethical dilemmas that need to be analyzed in more depth, especially if these technologies are not regulated, as they could have significant impacts on constitutional, procedural law, and data protection. The concern with the informatization of the Brazilian judicial system is relatively recent, but it has advanced significantly in recent years. This study aims to assess the growing use of AI technologies in Brazilian courts, based on the fundamental principles and norms of the Brazilian legal process, and to evaluate how their use has impacted the judicial system. The methodology used for the study was qualitative, inductive, and descriptive. Data from the judiciary, resolutions of the National Council of Justice, legislative and regulatory proposals for AI technologies within the law, as well as applicable doctrines and jurisprudence, were analyzed and compared. The study found that AI technologies have significant potential for the judiciary, with the possibility of unprecedentedly increasing efficiency, administrative management of courts, legal practice, and judicial proceedings. However, their implementation must be carried out in accordance with ethical parameters related to the guarantee of non-bias, data protection, transparency, and responsibility. This can only be achieved through the development of strong legislation and regulation of the technologies used in the judiciary.