Sociedade algorítmica e o poder judiciário: medidas concretas para a efetivação de transparência e explicabilidade nas decisões judiciais elaboradas por inteligência artificial

Abstract

This Professional Master's Dissertation study the impact of Artificial Intelligence (AI) technologies and algorithms on contemporary society, emphasizing their functionality and disruptive potential in the Judiciary. The aim of the research is to analyze how these technologies shape the behaviors and choices of users and legal operators, considering programming that can be biased in advance. Consequently, the research highlights how these tools have the potential to increase efficiency in forensic legal work, especially in the drafting of court decisions and the automation of notary impulses. Thus, the objectives of this study, in detail, include: examining the transformation of the Judiciary, assessing the impact of this transformation on legal practice, the science of law and the job market for legal professionals; and discussing the importance of guidelines for algorithmic decisions that value transparency, explainability and auditability, as a way of respecting the Principle of Reasoned Decision. The methodology chosen for the development of the research is through a bibliographical, legislative and documentary review, addressing regulations such as the General Data Protection Law (LGPD) in Brazil, the General Data Protection Regulation (GDPR) in the European Union and the Artificial Intelligence Law under discussion in Brazil (Bill 2338/2023). In this context, the study takes an empirical approach, discussing practical examples such as Amazon's recruitment system and the COMPAS software, demonstrating the challenges and the need for robust auditing and control mechanisms in order to ensure fairness and avoid discrimination. Last but not least, the problem of this research will be to question what are the indicators for the parameters needed to achieve transparency, nondiscrimination and explainability in algorithmic decisions. Therefore, the research recommends the creation of specific regulations to align the use of these technologies with the objectives of the Democratic Rule of Law, ensuring that automation and technological efficiency do not compromise the principles of justice and equity.