A influência da inteligência artificial nas decisões judiciais e o princípio da dignidade humana

The introduction of artificial intelligence (AI) in the judiciary has significantly transformed the legal field, promoting efficiency and accuracy in activities such as precedent analysis and process automation. Examples such as the VICTOR system, developed by the Supreme Federal Court (STF), and the Justice 4.0 Program by the National Justice Council (CNJ), demonstrate AI's potential to expedite case processing and empower professionals in the sector. However, the adoption of AI also raises critical concerns about the dehumanization of judicial decisions, the perpetuation of discriminatory biases, and violations of the principle of human dignity. This article examines the duality of AI in the judiciary, addressing its potential and limitations based on Robert Alexy's theory of legal argumentation and the reflections of authors such as Cathy O’Neil, John Searle, and Luciano Floridi. The analysis highlights that, while AI is a valuable tool, it lacks contextual understanding, empathy, and moral judgment capabilities, which are essential for fair and humanized decisions. Furthermore, cases like COMPAS and PSA illustrate the ethical risks of opaque and biased algorithms, which can compromise equity and transparency in the judicial system.

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Primary Topic
Fiscal Policies and Political Economy
Type
article
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article

A influência da inteligência artificial nas decisões judiciais e o princípio da dignidade humana

Dialnet (Universidad de la Rioja)
Fiscal Policies and Political Economy
article

A influência da inteligência artificial nas decisões judiciais e o princípio da dignidade humana

article en

Abstract

The introduction of artificial intelligence (AI) in the judiciary has significantly transformed the legal field, promoting efficiency and accuracy in activities such as precedent analysis and process automation. Examples such as the VICTOR system, developed by the Supreme Federal Court (STF), and the Justice 4.0 Program by the National Justice Council (CNJ), demonstrate AI's potential to expedite case processing and empower professionals in the sector. However, the adoption of AI also raises critical concerns about the dehumanization of judicial decisions, the perpetuation of discriminatory biases, and violations of the principle of human dignity. This article examines the duality of AI in the judiciary, addressing its potential and limitations based on Robert Alexy's theory of legal argumentation and the reflections of authors such as Cathy O’Neil, John Searle, and Luciano Floridi. The analysis highlights that, while AI is a valuable tool, it lacks contextual understanding, empathy, and moral judgment capabilities, which are essential for fair and humanized decisions. Furthermore, cases like COMPAS and PSA illustrate the ethical risks of opaque and biased algorithms, which can compromise equity and transparency in the judicial system.

Dialnet (Universidad de la Rioja)
Peace, Justice and strong institutions, Reduced inequalities
Openalex Percentile: Top 39%
Fiscal Policies and Political Economy
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A influência da inteligência artificial nas decisões judiciais e o princípio da dignidade humana · Dialnet (Universidad de la Rioja) (2025) | TGRS Research Map | TGRS