Humanização do processo de tomada de decisão automatizado: observância da fundamentação das decisões judiciais como critério para aplicação da inteligência artificial no poder judiciário

Abstract

The use of Artificial Intelligence in the decision making process by the Brazilian Judiciary is analyzed from the observance of the principle of fundamentation of judicial decisions, part of the judicial decision theory. To this end, the way Law relates to technology and its approach with Artificial Intelligence was presented. Next, it was explained what is understood by Artificial Intelligence, clarifying how it works from its evolution, its performance, and its methods Machine Learning and Deep Learning. Soon after, the problematic was exposed, from the explanation of how Artificial Intelligence is inserted in the Judiciary, as well as the participation of Artificial Intelligence in the decision making process and what are the consequences of this application. Subsequently, the Theory of Judicial Decision linked to the humanization of judicial decisions by principles was presented, especially the principle of the fundamentation of the judicial decision and how important it is in the decision making process. The methodology used was exploratory and qualitative, with bibliographical research and literature review based on articles, monographs, dissertations, specialized doctrine, legal provisions, and documents. It was concluded that the process of judicial decision making must prioritize the principle of the fundamentation of judicial decisions, exercised by a human judge and not by an Artificial Intelligence machine, in which, the decision making can only occur with the observance of the mentioned principle, as well as with the vigilance of a human judge.