O uso da inteligência artificial nas decisões judiciais brasileiras: é possível o juiz-robô?

Abstract

The emergence of the so-called 4th Industrial Revolution calls for debates on neoconstitutionalism, where the principles of the Constitutional Democratic Rule of Law are put to the test against technological innovations. In this context, traditional organizational systems are being refuted due to the rise of artificial intelligence (AI) as a potential revolutionizer of the most diverse social structures. Therefore, the Brazilian judiciary is experiencing the phenomenon of the invasion of technologies with decision-making capacity, which has led to questions on the structuring of judicial provision and judicial activity, as well as the emergence of the robot judge. This comes as a possible threat to the prominence of the human judge in the decision-making process but points out attention to important structural, technological, and normative aspects that could mean an impasse in using this technology. At the same time as the Brazilian justice system requires improvement, the human magistrate combines historical, philosophical, institutional, and constitutional aspects, making it necessary to be cautious when incorporating artificial intelligence models into the provision of justice. Moreover, the international guidelines that deal with artificial intelligence, the embryonic standardization that exists on the national scene, and the regulatory experiences all point to the risks and principles inherent in AI. However, the evidence of the beneficial use of this technology in Brazilian courts, the progress reported, and the quest to increase access to justice prevent a prohibitive view, which makes an in-depth comparative study pertinent to diagnose and prescribe best practices, as well as to verify the legal possibility of using the robot judge.