COMPATIBILITY OF ACTUARIAL JUSTICE WITH BRAZILIAN CRIMINAL LAW IN CONJUNCTION WITH THE USE OF PREDICTIVE TECHNOLOGIES SUCH AS COMPAS

Abstract

This study aims to examine the potential conflicts between the use of actuarial justice and the fundamental principles of Brazilian criminal law. With the advancement of technology, especially predictive tools such as the system Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), used in the United States, statistical data has increasingly been considered to assist judicial decisions, particularly in predicting criminal recidivism. Although presented as instruments of efficiency and rationality, these technologies raise significant concerns regarding the protection of constitutional guarantees, including the presumption of innocence, the individualization of punishment, and due process of law. Algorithm-based models can reduce individuals to mere risk profiles or numerical values, contradicting the humanistic and guarantist logic that underpins the Brazilian legal system. The COMPAS system, for example, has been widely criticized for exhibiting biased decision patterns, especially affecting racial minorities, demonstrating that algorithms are not neutral and may reproduce existing social inequalities. This study analyzes whether there is space for actuarial justice within the Brazilian penal model without compromising the fundamental rights of the accused. Using a qualitative approach based on bibliographic review and practical case analysis, it offers a critical reflection on the compatibility between technology and criminal justice. The research concludes that, while technological advances cannot be ignored, the use of predictive tools must be applied ethically, transparently, and under clear legal limits to safeguard justice, equity, and individual rights in the criminal process.