Execução da inteligência artificial no Poder Judiciário Brasileiro: ofensa ao princípio do Devido Processo Legal?

• Autor(a) principal: Oreano, Eduarda da Silva
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5905
• topic: Devido Processo Legal; Inteligência artificial; Poder Judiciário Brasileiro

This monographic work aims to analyze the (in) existence of an offense against the Principle of Due Legal Process, substantial and procedural in the execution of Artificial Intelligence in the Brazilian Judiciary. At this point, in order to achieve the answer to the problem raised, the nature of the research was classified, in relation to the level of depth: exploratory, as to the approach method: qualitative and with regard to the data collection procedure: bibliographic and documentary. It should be noted here that they were used as instruments for data collection: scientific articles, theses, dissertations, national and international literature, legislation, as well as doctrinal sources of renowned jurists. Regarding the structure of the work, the author considered it necessary to organize it in five chapters. The first chapter deals with the introduction to the theme, justification of its problematic and means by which the conclusion was obtained. In turn, the second chapter explains to the reader how the Industrial Revolutions gave until the emergence of the Computer Science subfield called Artificial Intelligence and how it has been developing in the Digital Age; Likewise, it presents the definitions of intelligence to their artificiality. The third chapter, in sequence, aims to demonstrate the execution of Artificial Intelligence in its general aspect and its execution in the Brazilian Legal System, distinguishing the terms machine learning, deep learning and Big Data; Still, it deals with the problems and facilitations arising from the exploitation of tools equiped with Artificial Intelligence. With regard to the fourth chapter, it starts from the concept of principle towards the provision about the principle of due legal process and, in the end, directly addresses the research problem of this exhibition. At the end, the fifth and last chapter consists of the presentation of the closing words of this monograph, in summary: it is not possible to glimpse, superficially, at this moment, the existence of an offense to the principle of due legal process, in its substantial and procedural modalities, in the execution of AI in the Brazilian Judiciary, which, in turn, does not rule out the risks of such a mechanism, since, just as Artificial Intelligence is science that is entering all areas of knowledge, in the same way, it is undeniable its affiliation to legal science. However, the fallibility of such tools poses risks to the constitutional precept of due process of law, root of constitutional guarantees such as equality, publicity and transparency, access to justice, impartiality, rational persuasion of the judge, legal certainty, among others, of the Brazilian legal system, which does not walk as fast as modern society.