REFLEXOS DA INTELIGÊNCIA ARTIFICIAL NAS DECISÕES JUDICIAIS

uma análise da utilização dos algoritmos no papel contemporâneo do magistrado

Abstract

Based on the verification of substantialist and proceduralist positions, through a bibliographical and jurisprudential research, this article analyzes the role of the magistrate in the contemporary scenario, through the use of Justice 4.0. Thus, considering the Fourth Industrial Revolution, we seek to highlight the advantages and disadvantages of using an algorithm in judicial decisions, a situation in which intercession with the LGPD deserves to be highlighted. Finally, after verifying such situations, an attempt is made to highlight the regulations of this new legal scenario, mainly through CNJ Resolutions, in order to seek legal certainty and isonomy, guiding the work of the magistrate towards the use of heuristics, through a economic analysis of law, aimed at controlling cognitive biases.