ARTIFICIAL INTELLIGENCE AND ITS APPLICATIONS IN THE LEGAL FIELD
DOI:
https://doi.org/10.51891/rease.v11i11.22942Keywords:
Technology. Law. Justice. Artificial Intelligence. Ethics.Abstract
Artificial Intelligence (AI) has established itself as one of the most significant technological advances of the 21st century, directly influencing social, economic, and legal aspects. In the field of Law, its incorporation represents an important shift in how legal proceedings are conducted, how decisions are made, and how access to justice is ensured. The objective of this study is to critically analyze the applications of AI in the Brazilian legal system, considering its benefits, risks, and ethical implications. The research follows a qualitative and bibliographic methodology, supported by authors such as Russell and Norvig (2021), Susskind (2020), and Doneda (2020), as well as legal frameworks such as the 1988 Federal Constitution and the General Data Protection Law (Law No. 13.709/2018).The study is structured into three main points. First, it examines the use of Artificial Intelligence in legal practice, in the Judiciary, and in public administration. The research shows that technology can bring significant advantages to the justice system, such as faster processing of cases, greater consistency in decisions, and the automation of repetitive tasks. At the same time, it highlights several challenges, particularly those related to biases embedded in algorithms and the lack of transparency regarding how these systems operate, which may affect due process of law. Recent case law reinforces this concern. In REsp 1.985.261, the Superior Court of Justice (STJ) held that judicial decisions cannot be based on elements that the parties cannot access, which includes algorithms that do not explain their outcomes. The Supreme Federal Court (STF), when judging ADI 6.387, also emphasized that digital systems must respect adversarial proceedings and the right to a full defense. Initiatives such as VICTOR (STF) and ATHOS (STJ) demonstrate that Artificial Intelligence is already used in the Judiciary, but they also make it clear that more well-defined rules are necessary to guide such use. AI has the potential to make the justice system faster and more accessible, but this is only effective if there is responsibility and constant human oversight. The protection of fundamental rights and human dignity (art. 1, III, CF) must be the starting point for any technological integration. Therefore, it is essential to establish specific rules for the use of Artificial Intelligence, promote algorithmic audits, and invest in the technological training of legal professionals. In this way, AI can serve as an instrument to strengthen the Democratic Rule of Law without posing risks to constitutional guarantees.
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Atribuição CC BY