The use of artificial intelligence in brazilian courts aiming to build a virtuous jurisprudence

Abstract

The use of artificial intelligence in courts around the world has sparked the interest of jurists aiming to understand the legal nature of algorithms and machine learning, in order to assign a specific role to AI in the construction of a virtuous jurisprudence. While some researchers believe that machines should contribute quantitatively to reduce the judicial backlog, others see technology as a qualitative alternative that leads to greater legal security and uniformity of decisions. However, both alternatives carry their respective risks, such as the lack of transparency in algorithms and the excessive use of techniques that can decontextualize disputes and turn them into mathematical utilitarian procedures, devoid of the emotion and humanity necessary for a judge or arbitrator. Therefore, it is necessary to approach the role of using artificial intelligence in Brazilian courts by analyzing the weaknesses and benefits of this mechanism, as well as questioning the true objective of adding this new variable to legal proceedings. Thus, through a bibliographical reference methodology involving books, articles, and works on the subject, we will analyze the nuances of using predictive technology and artificial intelligence in the Brazilian judiciary.