THE REGULATION OF DISRUPTIVE DECISIONS IN BRAZILIAN JUDICIAL POWER AND THE APPLICATION OF THE PRECAUTIONARY PRINCIPLE: NATURAL JUDGE OR "ARTIFICIAL JUDGE"?
DOI:
https://doi.org/10.12662/2447-6641oj.v19i30.p91-117.2021Keywords:
General Data Protection Law (LGPD), Judiciary Branch, Automated decisions, Risk Society, Artificial Intelligence in the Judiciary, Brazilian Artificial IntelligenceAbstract
Objective: The objective of this scientific article is to address artificial intelligence (AI) in the multifaceted regulatory aspect. The central hypothesis is that the Brazilian General Data Protection Law (LGPD) seems to have regulated some aspects of this new technology, even though there is no specific legislation in Brazil. This view makes it possible to use that Law as a normative guideline, combined with the precautionary principle, in promoting the safe use of AI in the Brazilian judiciary.
Methodology: The methodological option adopted is located within the limits of the legal-dogmatic line and uses deductive reasoning. Due to the low production of scientific research in the national scenario, the authors used the exploratory methodology to expand the search for materials in the international specialized literature. It is research and documentary survey.
Results: The importance of LGPD is to use it as an initial regulatory framework for AI in Brazilian Courts since this Law can act as a strategy to implement a new vision based on secure technological development. There is no definitive conclusion to the topic. However, it was also possible to prove the importance of the theoretical and historical burden of the precautionary principle as a legal instrument capable of minimizing and/or circumventing the possible negative effects in the application of this new technology.
Contributions: The central contribution of this research is to identify the potential risks of the use of AI in the Judiciary and to indicate alternative readings that can help in the solution of these undesirable effects to the jurisdictions. The basis of this vision is in the theoretical constructions that can illuminate the paths of security and prudent technological development.
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