Regulation of artificial intelligence in the brazilian and european judiciary

• Autor(a) principal: Hoch, Patrícia Adriani
• Data de Publicação: 2023
• Outros Autores: Engelmann, Wilson
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Pensar (Fortaleza. Online)
• Texto Completo: https://ojs.unifor.br/rpen/article/view/14263
• topic: Inteligência artificial; Conselho Nacional de Justiça; decisão judicial; poder judiciário; Artificial Intelligence; National Council of Justice; judicial decision; Judicial Power; regulation

Artificial intelligence has been used in the Brazilian Judiciary, especially in the face of normative acts of the National Council of Justice, however there is no regulation of the subject in the legislative scope. Considering the urgency of a regulatory framework, the present study aims to discuss the issue of artificial intelligence regulation in the Judiciary, especially what are the limits and possibilities related to the use of AI by the Judiciary, with emphasis on the judicial decision. Therefore, from the phenomenological-hermeneutic approach and the historical and comparative procedure methods, a comparative law study is carried out between the normative structures under construction in the European Union and in Brazil. It is concluded that the Proposal for a Regulation on Artificial Intelligence of the European Union, which is awaiting approval by the European Parliament, presents important norms, especially regarding ethical and security issues to be observed by AI systems, which deserve to be observed by Brazil at a global level legislative.