A admissibilidade da prova digital automatizada no Sistema processual brasileiro: justeza ético-normativa no uso de inteligência artificial na produção de provas.

Abstract

This paper aims to analyze the use of Artificial Intelligence (AI) in the context of digital evidence production. Since the use of new technologies is already widespread in all areas of human existence, it would not be inconsistent to think that there are direct ramifications in the judicial and procedural context. It is therefore essential to understand how technology can impact on access to justice and due process of law. In the procedural sphere, discussions about digital evidence have gained relevance, especially in terms of legitimacy and legal validity. The inclusion of artificial intelligence tools in this context brings relevant possibilities and opportunities, such as speed and cost savings, but on the other hand raises questions about the ethics and legality of their use. So what are the minimum ethical and normative standards that Brazilian courts need to be subject to in order for the use of automated evidence production to be legal and reliable? This is precisely the main question that this paper aims to answer. The research seeks to outline the parameters for the use of artificial intelligence in the production of digital evidence, with a view to weighing up its legitimacy and the protection of fundamental rights, precisely in the social context of the digitalization of life in Brazil. In the first part there is an analysis of the constitutional right to evidence, as well as a conceptual distinction between evidence and proof. In the second and third parts, the study focuses on digital evidence, its uses in the Brazilian legal context, as well as the insertion and use of Artificial Intelligence in this area. The last part deals with the minimum standards that should be taken into account, such as the principles of fairness, transparency, explainability, responsibility, as well as the Brazilian regulatory framework with regard to automated digital evidence. The work then seeks to contribute to proposing adherence to minimum standards of ethics and law, which Artificial Intelligence requires in order to be able to be used in the production of evidence without contradicting fundamental rights. Methodologically, the work proposes a bibliographical analysis, using the deductive method, with the aim of understanding the social, legal and international repercussions of the study - which will be done by reading books, articles, publications, magazines and journals.