Condições e possibilidades da inteligência artificial auxiliar na tomada de decisões judiciais.

Abstract

This monograph focuses on the analysis of the technical and legal conditions for the use of Artificial Intelligence as a tool to support judicial decision-making, from a multidisciplinary approach that considers technological advances and their impacts on the Judiciary. The research begins with an examination of the structure of judicial decisions, moves on to the debate about the use of these systems in the elaboration of decisions, and finally investigates the possible liability of magistrates and others involved in the development and application of Artificial Intelligence in cases of damages resulting from its use. The general objective of the study is to examine the impacts and consequences of the use of Artificial Intelligence as an auxiliary instrument in the pronouncement of judicial decisions. Specific objectives include analyzing the current stage of development of these technologies in the Brazilian Judiciary, understanding the criteria necessary for their application in a manner compatible with fundamental rights, identifying their limitations, and discussing the forms of civil liability arising from any damages caused to those under the jurisdiction of the courts. To achieve these objectives, the hypothetical-deductive method is adopted, starting from the formulation of hypotheses about the legal impacts of Artificial Intelligence, which are analyzed throughout the study. The central hypothesis argues that the use of Artificial Intelligence can contribute to strengthening the justice system, provided that its application is guided by constitutional principles, ensures human control, and provides adequate accountability mechanisms. The relevance of the topic is justified by the increasing technological advancement and the incorporation of these tools in the legal field, which demands a critical analysis of its benefits and challenges. In this context, the study seeks to understand the role of Artificial Intelligence in the Judiciary, both as an instrument to support jurisdictional activity and, potentially, as an element with a greater degree of influence in the decision-making process. Thus, the work intends to question and understand the possible developments of the use of Artificial Intelligence in Law, highlighting the importance of its balanced use that promotes efficiency and speed without compromising the justice and legitimacy of judicial decisions.