O uso da inteligência artificial em decisões judiciais e o paradigma do estado democrático de direito: compatibilidade teórica e metodológica na garantia dos direitos fundamentais

Abstract

Artificial Intelligence is the latest technological advance that has generated a disruption capable of substantially changing the chain of production in several areas. In Law, the impact was no different, with Artificial Intelligence being incorporated into several aspects of jurisdictional activity, whether in organizational activities or in the judge's own decision. Brazilian experiences using artificial intelligence are still incipient, however, the implementation of algorithms in law is already a reality. This study seeks to understand whether the use of artificial intelligence can aid the magistrate act in a way that favors the concept of Law as integrity, envisioned by Ronald Dworkin, bringing the human judge closer to the mythical judge Hercules. The investigation is based on Karl Popper's hypothetical-deductive methodology, using the falsification test to demonstrate whether a given hypothesis is supported or not. For that, is demonstrated the panorama of technology in Law and in the judiciary, explaining the obstacles that it helps to overcome in relation to the Fundamental Rights and Guarantees. The law as integrity ideia is explained and Dworkin's critique of the positivist ideas that predominated in the first half of the 20th century and how Artificial Intelligence can help in the Dworkinian view of Law. The falsification test is carried out in order to demonstrate whether there is a logical incompatibility between human languages, which permeate the legal discourse, and the computational language of artificial intelligence, as well as whether it is possible to carry out a moral-free programming. It was concluded that Artificial Intelligence should not be used in judicial action in the decision-making process, except as an auxiliary tool