Decisão judicial por meio da inteligência artificial e o desrespeito à garantia fundamental da motivação no judiciário brasileiro

Abstract

The development of technology is exponential and its insertion in society evolves with the same speed. Artificial intelligence has been implemented in the Brazilian Judiciary as a strategy to relieve the judicial demands and speed up the process. Actually, a part of the Brazilian lives materialized in judicial processes is being decided by judges based on algorithmic suggestions, many times in an uncritical way. The purpose is an analysis of scientific institutes intrinsic to algorithmic decisions. Performing an initial study of the Brazilian historical-legal context to highlight the social reality that fosters algorithms through the data or database that feeds the software. Making a historical and epistemological cut of artificial intelligence and explain the theory of language and hermeneutics as crucial elements of the rationale of the judicial decision, in order to extract the minimum legal subsidies able to identify whether an automated decision, product or output of artificial intelligence Brazilian legal systems are (in)compatible with the constitutional requirement to justify the judicial decisions, in terms of art. 93, IX of the CF/1988. On the other hand, to make a prospective analysis of the possible implications of decisions by algorithms in Brazilian courts, since the judge-robot is ordinary in Estonia. The methodology was descriptive, bibliographical research with use of doctrine and electronic articles.