O uso de inteligências artificiais generativas no processo de tomada de decisões judiciais e a necessidade de sua plena compatibilização com os princípios do processo

Abstract

The arrival of the digital era brought countless changes to everyone's daily lives, which is reflected within the judicial process. Currently, several artificial intelligence tools are in operation in Brazilian courts, and countless others are in production. Given this scenario, the present work focused on the study of the classic principles of due legal process, publicity, procedural equality and the adversarial system, as well as the cutting-edge principles already developed in this context (principles of algorithmic non-discrimination, publicity and transparency, governance and quality, security and user control), and the role they must play given the introduction of disruptive technologies in the Judiciary, especially regarding the possibility of drafts of judicial decisions being presented through the use of generative artificial intelligence tools. This with the aim of corroborating the hypothesis that the implementation of artificial intelligence tools in the Brazilian process must take place in strict accordance with all procedural principles, both the classic ones and those that have already emerged in this context, this being the only way to guarantee the legitimacy of judicial pronouncements. The methodology used is bibliographic reviews and documentary research. The purpose of the research is basic, the objective is descriptive and the approach is qualitative, having adopted the hypothetical-deductive method.