http://repositorio.ufc.br/handle/riufc/11525 2026-05-31T16:46:15Z 2026-05-31T16:46:15Z Menezes, Éric da Rocha de http://repositorio.ufc.br/handle/riufc/85719 2026-04-08T20:09:49Z 2026-01-01T00:00:00Z

Título: O devido processo legal tecnológico na era da inteligência artificial: uma análise do sistema Athos no rito dos recursos repetitivos Autor(es): Menezes, Éric da Rocha de Abstract: This dissertation aims to analyze the integration of the Athos system into the repetitive appeals process and its compatibility with technological due process. It hypothesizes that the use of artificial intelligence in judicial decisions has conceptual, epistemological, and operational limitations, requiring constant and careful human supervision guided by the principles of transparency and explainability, the basis for the restructuring of due process, which now demands a technological dimension. In this scenario, Athos would not be in line with technological due process, requiring better incorporation of the principles of transparency and explainability in its operation. The term "artificial intelligence" has recently regained prominence, as this technology has become established in various sectors, both public and private, and in the daily lives of the population, facilitating repetitive tasks that once consumed human time. The Brazilian Judiciary, facing the significant challenge of mass litigation, quickly incorporated various AI systems into the procedural stages, including the decision-making phase. However, despite its positive impacts, such as the ability to analyze large databases in a short time, the tool is not infallible and has the potential to cause harm to those under its jurisdiction if the procedural system is not rethought. From this perspective, the research used the deductive method, through a qualitative approach to data analysis, collected using documentary and bibliographic research techniques, in order to verify whether the Athos system provides those under its jurisdiction with access to informative elements and the databases that compose it, in a comprehensible way, as well as an explanation, through visual elements or natural language, of the path taken to reach the result, demonstrating the criteria used. The investigation identified that AI systems are capable of correlating information to offer answers, but cannot effectively think. Artificial intelligence is a tool, with the legal nature of a legal good, capable of solving problems and overcoming obstacles, regardless of having consciousness. In light of this concept, the study focused on the standardization affecting AI systems, finding that, despite the existence of a new internationally established set of principles, Brazil still lacks a normative strategy for AI. The investigation revealed essential differences between the human knowledge process and that of AI systems, specifically regarding the risk of automation bias, which requires a new phase of justification. With respect to Athos, the study evaluated its creation and implementation, demonstrating the risk of simplifying appeal arguments through ngrams. The research identified that the incorporation of AI in the Judiciary demands the observance of transparency and explainability, resulting in a due technological legal process. Finally, the hypothesis was confirmed, considering that Athos does not provide litigants with information and explanations regarding the proposed new principles. Tipo: Dissertação

2026-01-01T00:00:00Z Néo, André Furtado http://repositorio.ufc.br/handle/riufc/86534 2026-05-29T18:40:49Z 2026-01-01T00:00:00Z

Título: A cidadania como projeto constitucional: entre a força normativa do artigo 205 e a fragilidade da implementação de políticas estatais Autor(es): Néo, André Furtado Abstract: The 1988 Federal Constitution consolidates a Democratic State governed by the rule of law, having as its core and foundation Citizenship and the Dignity of the Human Person, together with the effectiveness of Fundamental Rights. Within this new institutional framework, education for citizenship appears in Article 205 of the 1988 Constitutional Text, establishing that the objectives of educating for the full development of the individual involve preparing them for the exercise of citizenship. Thus, the analysis focuses on the absence of adequate preparation for the exercise of citizenship, a deficiency that acquires more concerning contours in the contemporary legal scenario, given the proliferation of authoritarian discourses seeking to undermine the Democratic State governed by the rule of law. Under these conditions, and considering the relevance of the topic, the general objective of this work is to examine the immediate applicability guaranteed by the 1988 Federal Constitution with respect to civic‑constitutional education and the possible omissions of the Brazilian State. To this end, it is necessary to undertake a comparative analysis of nations that already implement, within their public education systems, the guarantee of objectively disseminating civic‑constitutional subjects. Subsequently, the study seeks to understand the social, legal, and political effects of incorporating education for citizenship into the school curriculum, enabling citizens to acquire the juridical‑political knowledge necessary for building a just, free, and solidary society, in accordance with the Brazilian constitutional objective. It also aims to explore a theoretical and historical construction of citizenship and, finally, to verify the existence of an effective Brazilian public policy directed toward citizenship education in the training of education professionals. For this purpose, the methodology employed consists of bibliographic research through the analysis of books, legal articles, national and international documents, legislation, and jurisprudence. The research is pure, qualitative and quantitative in nature, with descriptive and exploratory purposes Tipo: Dissertação

2026-01-01T00:00:00Z Albuquerque, Márcia Araújo Gois http://repositorio.ufc.br/handle/riufc/86483 2026-05-26T17:04:52Z 2026-01-01T00:00:00Z

Título: Desigualdade salarial entre mulheres e homens: um estudo do fenômeno no Brasil Autor(es): Albuquerque, Márcia Araújo Gois Abstract: Brazil ranks 72nd in the Global Gender Gap Report prepared by the World Economic Forum, having closed 72% of the gender gap in 2025. The country regressed in this indicator, as it held the 57th position in the ranking in 2023, when it reached a gender equality index of 72.6%. Despite the plurality of rules in force within the Brazilian legal system concerning equal pay between women and men, the Brazilian Institute of Geography and Statistics identified the existence of structural inequality, as differences in pay between workers of different sexes - under the same criteria and subject to only minor variations - have been consistently observed in all Continuous National Household Sample Surveys conducted since 2012. This study seeks to analyze the effectiveness of the rules currently in force in the Brazilian legal system, especially Law No. 14,611/2023, in addressing wage inequality between women and men throughout the national territory. The specific objectives are: (I) to understand wage inequality based on sex as a structuring social phenomenon; (II) to examine national and international legislation regulating equal pay between workers of different sexes; (III) to discuss the role of public policies and pay transparency as instruments to combat inequality; and (IV) to analyze the judicialization of claims on the subject, under both diffuse and concentrated review, from the perspective of Constitutional Procedural Law, since the enactment of Law No. 14,611/2023. The methodology used to reach the conclusions involves qualitative and quantitative, exploratory and descriptive research, based on documentary and bibliographical analysis, with reference to statistical data to contextualize the social reality under study. The jurisprudential analysis presented derives from a search of the decision repositories of the Federal Supreme Court, the Federal Regional Courts, and the Regional Labor Courts. At the end of the research, it was concluded that, in the context of the advancement of neoliberal ideals, there are obstacles to the effective implementation of the principle of equal pay, making the stance of society and the national courts relevant for the application of socially oriented norms and the fulfillment of the Sustainable Development Goals of the 2030 Agenda. Tipo: Dissertação

2026-01-01T00:00:00Z Silva, Weisley Smith Vieira da http://repositorio.ufc.br/handle/riufc/86481 2026-05-26T15:47:54Z 2026-01-01T00:00:00Z

Título: Inteligência artificial e decisão judicial: dos limites estruturais da racionalidade computacional à governança normativa no poder judiciário brasileiro Autor(es): Silva, Weisley Smith Vieira da Abstract: This study investigates the structural tension between the computational rationality of artificial intelligence systems and the complex, interpretative, value-laden, and linguistically situated nature of judicial decision-making, analyzing the insurmountable limits to the full automation of the jurisdictional function and the role of normative governance exercised by the National Council of Justice in reconciling technological modernization with the constitutional guarantees of due process of law. The research adopts a theoretical-legal methodology, with bibliographic and documentary technical procedures, a qualitative approach, and a predominantly deductive method mediated by abductive inferences. The theoretical framework articulates contributions from the sociology of innovation, the philosophy of science, the philosophy of law, and epistemology. The first chapter situates the Judiciary within the evolutionary dynamics of society, demonstrating that technological modernization constitutes an unavoidable institutional imperative in light of the Fourth Industrial Revolution and the constitutional guarantee of the reasonable duration of proceedings. The second chapter examines the structural limits of artificial intelligence in reproducing decisional rationality, showing that the open texture of law, the vagueness of normative language, the tridimensionality of the legal phenomenon, abductive reasoning, and the absence of common sense, intuition, and moral emotions in computational systems establish an insurmountable boundary between human cognition and algorithmic logic. The third chapter analyzes the concrete incorporation of artificial intelligence into the Brazilian Judiciary, identifying the main applications currently in operation in courts, the emerging material and formal challenges, as well as the institutional response of the National Council of Justice embodied in Resolutions No. 332/2020 and No. 615/2025. The results indicate that artificial intelligence predominantly operates as weak AI in instrumental and support tasks, producing efficiency gains without compromising fundamental guarantees; however, its expansion into high-risk decisional activities imposes challenges that have been addressed through a governance model based on proportional risk classification, qualified human oversight, algorithmic transparency, and auditability. It is concluded that the fallibility of the human judge does not constitute a deficit to be overcome by machines, but rather a condition of possibility for legitimate decision-making, and that the central issue is not technological but normative, with the appropriate response lying in the subordination of technology to the same criteria that legitimize jurisdiction itself within a Democratic State governed by the rule of law. Tipo: Dissertação

2026-01-01T00:00:00Z