A utilização da inteligência artificial nos tribunais brasileiros: risco ou benefício às decisões judiciais?
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Data
2023-02-27
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Universidade Federal de Goiás
Resumo
This work aims to analyze whether the use of Artificial Intelligence (AI), in the context of cyberculture in Brazil and the current social, political and legal situation, represents a risk or benefit to judicial decisions in Brazilian courts. The analysis was based on the guiding constitutional principles of the legal process present in the Federal Constitution of 1988. Initially, a historical, social and cultural panorama responsible for the technological disruption was assembled. Next, AI was conceived; their species and their introduction in the electronic systems of the Brazilian Judiciary, after the advent of Constitutional Amendment no 85 of 2015. Brazilian courts that use AI in their systems and the result of its use were analyzed. The research was based on a bibliographic source; data from official reports published by the courts; statistical reports from the Getúlio Vargas Foundation (FGV) and from the National Council of Justice (CNJ). As a method, a hypothetical- deductive method was used. Finally, it is concluded that, except for areas of specific topics, which the CNJ advises against the use of AI, the technological resource does not pose a threat to judicial decisions, as it does not violate fundamental constitutional principles or constitutional principles of civil procedure. In addition, the benefit of use, both for the litigating parties and for the legal operators involved, outweighs, both in quality and quantity, the risks, as these are controllable by human supervision and likely to be reversed in appeal stages.
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Inteligência artificial, Tribunais brasileiros, Decisões judiciais, Riscos, Benefícios, Artificial intelligence, Brazilian courts, Judicial decisions, Risks, Benefits
Citação
MORAIS, Nayanne. A utilização da inteligência artificial nos tribunais brasileiros: risco ou benefício às decisões judiciais? 2023. 30 f. Trabalho de Conclusão de Curso (Bacharelado em Direito) – Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2023