Contribuições da inteligência artificial na judicialização da saúde

Abstract

This research aimed to address the inquiry regarding the potential utilization of artificial intelligence (AI) in judicialization of health. The investigation sought to examine the feasibility of constructing an algorithm capable of weighing conflicting Constitutional Rights, as observed in judicialization of health. Some of the specific objectives included confirming the analogy between the collision of principles of the Theory of Constitutional Rights with the Scattering Theory, and, through it, predicting judicial outcomes, to expedite legal proceedings and enhance the implementation of the right to health in Brazil. Methodological strategies encompassed included historical, investigative, and exploratory research using indirect sources, employing deductive, inductive-deductive, bibliographic, and comparative methods for this qualitative, descriptive, and propositional study. The theoretical framework used comprised the Theory of Constitutional Rights, Legal Argumentation Theory (Alexy, 2005, 2015) and Theory of Law as Integrity (Dworkin, 2010) to justify judicial decisions when such kind of collisions occur. These collisions, viewed transcientifically, can be likened to particle collisions (Thornton; Rex, 2012). This mapping facilitated a clearer interpretation of the variables involved. Moreover, it inspired the use of mathematical formalism to reduce discrepancy and discretion in judicial decisions. It was found feasible to propose AI for creating draft decisions, subject to human analysis and ratification, to enhance agility, transparency, and effectiveness in judicialization of health. The proposition of an AI algorithm based on this framework concluded the investigation.