Direitos fundamentais em Online Dispute Resolution (ODR) envolvendo inteligência artificial

Abstract

This dissertation analyzes the application of Artificial Intelligence (AI) in Online Dispute Resolution (ODR) systems and their impacts on the realization of fundamental rights in the digital environment. It examines the origin and evolution of ODR, as well as the integration of automated technologies into conflict resolution methods, highlighting their characteristics, advantages, and legal risks. The research adopts a qualitative methodology, of a theoreticaldogmatic nature, based on bibliographic review, normative and jurisprudential analysis. The reflections of these systems on due process, the right to a fair hearing, the protection of privacy and personal data, as well as access to justice and equal treatment are investigated. Challenges related to algorithmic opacity, the limited explainability of automated decisions, and the risks of discriminatory biases are addressed. ODR using AI can expand access to justice and the efficiency of procedures; however, its implementation must respect fundamental rights. Specific regulatory frameworks for the use of AI in ODR, transparency mechanisms, and human oversight of these methods are challenges that legal professionals need to address, aiming for a constitutional and humanistic approach aligned with technological development.