Relações entre o emprego da inteligência artificial pelo poder judiciário e o acesso à justiça

Abstract

Access to Justice is a fundamental right and a necessary condition for maintaining the Rule of Law and democracy. However, despite efforts to improve access to Justice in Brazil, there are still significant obstacles that prevent many people from fully exercising this right. These obstacles are identified, mainly, in the works of Cappelletti and Garth (1988) and Kim Economides (1999), when dealing with the dimensions of access to Justice. Then, it is questioned how the use of emerging technologies, such as Artificial Intelligence (AI), by the Judiciary, can have a substantial impact on overcoming these barriers and promoting greater access to Justice. In this context, AI has the potential to automate routine tasks, speed up decision making, and even provide new ways to resolve disputes. However, the adoption of AI also raises complex questions about biases and implications that need to be adequately addressed, notably in the context of lack of regulation by the legislative branch. Thus, understanding the relationships between the use of AI and access to Justice is crucial to ensure that the adoption of these technologies by the Judiciary benefits all citizens equitably. Given this scenario, the research problem of this investigation arises: what are the existing relationships between the use of AI by the Judiciary and access to Justice, notably access to jurisdiction and access to a fair legal order? The general objective of this study is to analyze the existing relationships between the employment of AI by the Judiciary and access to Justice. Methodologically, a questionnaire was administered to a group of Brazilian judges to understand their perceptions regarding the use of AI by the Judiciary. A systematic review of international literature was also employed to assess the state of the art on the topic of technology use in foreign justice systems. The research also utilized theoretical-bibliographic, documentary, and qualitative research, relying on the deductive method. The analysis indicated the presence of various biases and implications that affect, but do not preclude, the use of AI by the Judiciary and which influence access to jurisdiction and access to a just legal order. The findings of the investigation align with the maturity level of smart technology within the jurisdictional context, especially due to the recent consolidation of tools such as text analysis, data organization, and process optimization.