A proteção do processo humanizado na era da inteligência artificial

Abstract

The Judiciary Power and the Civil Procedure are already immersed in the use of technology being transformed in a forceful way, an advance that had its march accelerated due to the pandemic that devastated our planet. The dissertation aims to analyze the impact of disruptive technologies, in particular artificial intelligence in the process and the risks that the procedural guarantees already conquered may suffer. Under these assumptions, this dissertation was structured in an introduction, five chapters and the conclusion of the research. After the introduction, the evolution of the written model to the oral process model will be done in the first chapter, indicating its elements, as well as conceptualizing the humanized process. In this chapter, the process model that is consistent with the humanization of the process will also be pointed out. In the second chapter, the study is dedicated to the co-participatory contradictory and pinpoints two elements that compose it, procedural equality and the prerogative of influence, emphasizing the importance of these elements for a humanized process. In the following chapter, the concepts of disruptive technology and artificial intelligence will be presented, demonstrating the phases of insertion of technology in the Judiciary. In sequence, it will be verified, what are the risks that the co-participatory adversary can bear with the technological invasion, which is already present in several courts of the country. It is explained that the contradictory already suffers structurally with the difference in existing forces between the usual and occasional litigants, and that this disparity can be greatly expanded with the potential of artificial intelligence. In the last chapter before the conclusion, the research points out that the economic perspective that has been used in the insertion of artificial intelligence in the Judiciary indicates measures that can circumvent the dangers that are alerted throughout the work. It seeks to prevent the hasty use of disruptive technology from leading to a reversal of the civil process raised throughout a historical construction. In the concluding remarks, finally, the main products of the study were compiled, with special relevance that the use of technology is inserted critically, taking into account the need to protect the humanized process.