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- Title
INTELIGÊNCIA ARTIFICIAL EM DECISÕES JUDICIAIS: OPACIDADE VERSUS GARANTIAS PROCESSUAIS.
- Authors
Bolzan de Morais, José Luis; Kunzendorff Mafra, Lígia
- Abstract
Contextualization: The text proposes, as its theme, a critical analysis of the use of artificial intelligence in the judicial decision-making process. Objective: The article aims to examine how the use of new technologies impacts the realization of a process with guarantees. Method: For the development of the work, the dialectical method was used, correlating the bibliography on the topic, in order to understand how the use of artificial intelligence can be beneficial or detrimental to constitutional guarantees in this field. It also investigates the issues faced when using algorithmic logic to support decisions on human matters, such as the opacity of the systems and the possibility or lack thereof to effectively question the reasons behind machine-made decisions. Finally, the need for regulation and standardization to guide the technological process in reaffirming the procedural guarantees that have been achieved is discussed. Results: It was concluded that unless artificial intelligence programs achieve a high degree of transparency and explainability, it will not be possible to use them to support or make judicial decisions.
- Subjects
ARTIFICIAL intelligence; DIALECTIC; LEGAL judgments; JUDICIAL process; BIBLIOGRAPHY
- Publication
Law Studies Journal / Revista Novos Estudos Juridicos, 2023, Vol 28, Issue 3, p516
- ISSN
1413-2117
- Publication type
Article
- DOI
10.14210/nej.v28n3.p516-535