Inteligência artificial e acesso à justiça: uma investigação nos sistemas de inteligência artificial nos Tribunais da Região Sul do Brasil

• Ano de defesa: 2024
• Autor(a) principal: Santos, Mateus Rech Graciano dos
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Santa Maria; Brasil; Direito; UFSM; Programa de Pós-Graduação em Direito; Centro de Ciências Sociais e Humanas
• Palavras-chave em Português: Acesso à justiça; Inteligência artificial; Jurisdição; Access to justice; Artificial intelligence; Jurisdiction; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://repositorio.ufsm.br/handle/1/34542

The Brazilian judiciary is facing a multifaceted crisis, exacerbated by globalization, characterized by a hyper-judicialization of demands and a perception of the insufficiency of means to provide satisfactory responses to disputes. This scenario calls for alternatives to overcome the impasses of contemporary jurisdiction, including the functionalization of law through other fields, such as economics, and the use of communication technologies, especially Artificial Intelligence (AI). However, the implementation of these tools may pose challenges to the current legislation and procedural actors, raising the question: what are the conditions for the use of AI in the activities of the Brazilian judiciary, considering the need to reshape judicial activity for the benefit of the new society, with democratic guarantees and access to justice? To answer this question, philosophical hermeneutics is adopted as the theoretical framework, whose hermeneutic phenomenology emphasizes understanding as a totality and language as a means of access to the world and its objects. The methodological procedure included bibliographical research, with data collection from the National Justice Council (CNJ) regarding existing AI systems in Brazil in 2023, focusing especially on the courts in the southern region. A monographic method was also used to study procedural theory, deepening the investigation into the insertion of AI tools in the process, ensuring that no violation of individual guarantees or undemocratic practices occurs. The analysis of existing AI systems, regardless of their implementation stage, seeks to understand how these systems contribute to the debate on access to justice. The research techniques employed were documentary and bibliographical, investigating CNJ normative acts and consulting articles and books on the subject. The results indicated that the objectives of procedural jurisdiction are aligned with the objectives of the state, with a growing movement within the judiciary towards the use of AI to optimize judicial provision, from automating procedures to performing activities previously unimaginable for non-human entities. Despite the different purposes of this use, it is clear that the intentions behind this movement are strongly linked to market-driven goals, seeking to maximize results and achieve speed, efficiency, predictability, and security. However, there is a lack of investigation into the structural problems that fuel the judicial crisis. Additionally, it was identified that the AI systems in Brazil still do not ensure effective access to justice, limiting themselves to restricted technical functions. Therefore, it is concluded that the confrontation of the jurisdictional crisis, which is also a crisis of the state, should not be based on quantitative reductionism, but rather on an approach that respects the autonomy of law and the realization of rights. The introduction of AI in the judiciary must be carefully analyzed to preserve access to justice and democratic guarantees.