ALGORITHMS AND JURISPRUDENCE: A STUDY ON TECHNOLOGICAL REGULATION IN THE BRAZILIAN LEGAL CONTEXT

Authors

  • Luiz Leôncio Aguiar Viana Neto UNIRG
  • Cezar Henrique Ferreira Costa Universidade Norte do Paraná

DOI:

https://doi.org/10.51891/rease.v10i10.16272

Keywords:

Artificial intelligence. Law. Jurisprudence. Algorithm.

Abstract

The incorporation of algorithms and artificial intelligence (AI) into the Brazilian legal context has accelerated in recent years, leading to significant challenges related to ethics, transparency, and accountability. Among the challenges related to the adoption of AI, the need for regulation to ensure the transparency of automated processes and the implementation of mechanisms that allow the monitoring and auditing of these systems stand out. In addition, the concern about potential algorithmic bias is a central issue, since automated decisions can affect the lives of thousands of people and, in extreme cases, violate fundamental rights. In view of this, this study aimed to analyze the application of artificial intelligence, popularly known as (AI), and what repercussions this use may have in the legal world. In the methodological field, a bibliographic review was carried out, based on scientific articles, books, case law, and current legislation. Data collection was carried out using databases such as Scielo, Google Scholar, among others, from 2018 to 2024. The results showed that the use of Artificial Intelligence in judicial decision-making and automated sentencing brings significant benefits in terms of efficiency, consistency, and speed in the judicial process. However, it also presents ethical challenges, including algorithmic biases, lack of transparency, and the dehumanization of judgment. For AI to play a positive role in the judicial system, it is essential that there is robust human oversight, transparency in algorithms, and a commitment to justice and equity.

Author Biographies

Luiz Leôncio Aguiar Viana Neto, UNIRG

Graduando em Direito, Universidade de Gurupi – UNIRG.

Cezar Henrique Ferreira Costa, Universidade Norte do Paraná

Mestre em Direito pela Universidade UNAMA; Pós-graduado em Direito Público, pela Faculdade Futura; Direito Processual Civil e Gestão Pública pela Universidade Norte do Paraná.

Published

2024-10-24

How to Cite

Viana Neto, L. L. A., & Ferreira Costa, C. H. (2024). ALGORITHMS AND JURISPRUDENCE: A STUDY ON TECHNOLOGICAL REGULATION IN THE BRAZILIAN LEGAL CONTEXT. Revista Ibero-Americana De Humanidades, Ciências E Educação, 10(10), 4230–4246. https://doi.org/10.51891/rease.v10i10.16272