ARTIFICIAL INTELLIGENCE AND THE AUTOMATION OF LEGAL DECISION

BETWEEN EFFICIENCY AND EFFECTIVENESS PROCESS-DECISION-MAKING

Abstract

The digital era led countless aspects of life in society to revolutionary technologies, above all, by Artificial Intelligence mechanisms. In this logic, the jurisdiction also assumes the inevitable position of adapting to social aspirations, from the review of judicial protection, now under this new technological perspective of life acceleration. This research aims to examine the fundamentals and particularities about the Artificial Intelligence functioning mechanisms, especially those that interest the procedural legal field and the possible impacts, positive and negative, in the jurisdiction. Thereby, the study sought to solve the following research problem: can automated decision-making in the jurisdictional process represent the consolidation of an excessively logical and rational view of jurisdiction, causing offense to the democratic-constitutional perspective of the process? Can it also denote the commitment of the effectiveness of judicial protection? For this purpose, a dialectical approach was used, aiming at a dynamic interpretation of the determining conditions and results inherent to the phenomenon of insertion of AI in the legal context, since, in a certain way, they present paradoxical characteristics. Regarding the procedural method, the historical-comparative method was adopted to enter the paradigmatic bases and the historical-political events that influenced the dilapidation of the Brazilian judicial process, to later correlate them with biases that support the justification of the implementing smart technologies in the jurisdiction today. Finally, it was intended to story the ways to align the use of AI to the foundations of a democratic-constitutional proceduralism, with effectively meets the protection of its subjects of law.

Keywords: Artificial intelligence. Procedural Law. Legal Decision. Neoliberal proceduralism. Democratic-constitutional proceduralism.