Non-binary science and the impacts of artificial intelligence on judicial decisions

Abstract

This article aims to analyze the social and legal impacts caused by the use of artificial intelligence in judicial decision-making. Therefore, the research problem is: Does the use of artificial intelligence in judicial decisions affront the fundamental rights established by the Federal Constitution? As the research hypothesis, we raise the need for parameters since the Judicial Power is not limited to ethical regulations, which even present flaws in several matters that will be discussed in the course of this article. Thus, the discussions on this subject go beyond the benefits provided by Legaltechs - companies specialized in legal software. The adopted methodology consists of the deductive approach, carried out through a wide bibliographical review and documental analysis alluding to the theme. Based on this, we discuss technological evolution, the different approaches to machine learning as well as the numerical crisis in the judiciary, and the impacts related to the use of artificial intelligence in judicial decisions. Finally, it is concluded that, despite the significant advances provided by Resolution 332/20 of the National Council of Justice, little has contributed to fulfilling the legal gaps regarding the production and governance of this new technology when used in the Judiciary.