A inteligência artificial e o poder judiciário: uma análise das possibilidades e limites do uso da tecnologia na atividade jurisdicional

Abstract

This article intends to analyze the use of artificial intelligence by the Judiciary. Seeking for that, proposes to highlight some of the mechanisms that are currently used and delimit the spectrum of application of this technology that is imposed by the Brazilian legal system. A descriptive qualitative methodology will be used, enabling a more subjective analysis, seeking to describe and analyze the AI technologies that are already used. This matter is regulated by Ordinance nº 271/20 which aims to use it in data processing, process automation and support for the judicial acts. However, the use of these tools must obey the Constitution. Thus, the core of justice, which is the act of judging, is conferred to a citizen, therefore the decision should not be delegated to an algorithm that applies only the legislator’s will. But the use of these technologies for the economy and for the procedural impulse is valid considering the mechanisms already used by the Brazilian judiciary. Therefore, AI proves to be an ally in order to enable Brazilian justice to be more productive. However, gains in time does not justify transposing the Constitution in such a way that the use must be limited, considering judicial acts, to those that are not decision-making.