Processo judicial eletrônico e a informática jurídica: um olhar para o uso da inteligência artificial como ferramenta de eficiência na prestação jurisdicional

• Ano de defesa: 2018
• Autor(a) principal: Silva, Antonio Donizete Ferreira da
• Orientador(a): Lucca, Newton de
• Banca de defesa: Lucca, Newton de, Dezem, Renata Mota Maciel Madeira, Pfeiffer, Roberto Augusto Castellanos
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Nove de Julho
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Direito
• País: Brasil
• Palavras-chave em Português: processo judicial eletrônico; informática jurídica; inteligência artificial; eficiência; acesso à justiça
• Palavras-chave em Inglês: electronic process; artificial intelligence (AI); legal informatics; efficiency; access to justice
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://bibliotecatede.uninove.br/handle/tede/1969

Information and communication technologies are currently part of people daily life, both personally and professionally. Concerning the Judiciary, it is not different, mainly due to the implementation of the Electronic Judicial Process. Jurisdictional services modernization involves computerization of bureaucratic tasks, seeking advantages such as time gaining, improvement on productivity and saving financial and environmental resources by reduction or extinguishing paper consumption and other positive consequences. Despite some of those advantages of Judiciary routines computerizing, there are still criticisms especially concerning the delay took between a petition filing and its analysis by the judge and a final decision rendering. On those phases, the electronic process usually presents the same slowness of paper supported judicial records and its usual routines. Nevertheless, legal computing is an unstoppable reality which trends to advance on decision-making phase of judicial cases. Artificial intelligence (AI) can be used in order to greatly increase efficiency by rapidly data treatment assuring a better and faster judicial decision rendering and then overcome efficiency bottlenecks. However, the use of legal computing, which is already a reality, tends to advance in the decision-making phase of judicial processes with the use of artificial intelligence integrated into the system, thus overcoming some bottlenecks of inefficiency, especially in the analysis of procedural data in order to improve the decision-making process and impose greater efficiency in the system. The objective is to highlight the characteristics and principles of the electronic judicial process and to indicate how the judicial system works and thus investigate how the electronic judicial process can obtain greater efficiency with the use of artificial intelligence and in the sequence check if there are technical limits or ethical for the use of this technology in the judicial process. In this perspective, AI can be adopted as a tool of efficiency in the jurisdictional provision within the electronic process and consequently of the own access to justice. Hypothetical-deductive method and technique research has been elected to approach the subject. This study is justified by requirements popped up from continuous technological advancements that entice Judiciary to face it, taking, as much as possible, advantage of more effective technological means to provide a fairer and more expeditious judicial remedy. It is has to be emphasized that this research only critically exposes theoretical aspects of legal informatics and speculate how AI can be a efficiency tool on judicial decision rendering and consequently, assure a better access to Justice.