Inteligência artificial, algoritmo e a justiça 4.0: uso da inteligência artificial em face ao devido processo legal

Abstract

The Brazilian justice system faces a serious challenge with the large number of demands and appeals, delaying the provision of legal protection and conflict resolution. Although reforms such as the Constitutional Amendment No. 45 of 2004 and the Civil Procedure Code of 2015 shows that the Brazilian authorities recognize the severity of the situation, these changes alone were not sufficient to solve the problem. With the Fourth Industrial Revolution, Brazilian procedural law begins to seek technological innovations as solutions for the sluggishness and inefficiency of the process, culminating in current projects of artificial intelligence. Today, there are more than 111 projects to use AI in the process, besides its use by the parties, mainly by large companies and law firms. Therefore, a thorough study of its capabilities and limitations is essential to assess whether its implementation is compatible with due labor legal process. Thus, this study seeks to answer whether the use of AI tools in labor lawsuits is beneficial to access to timely, satisfactory and constitutionally compatible legal protection or, infringing the fundamental rights of the individuals under jurisdiction, can lead to opaque decisions, imbued with algorithmic biases and burying any real procedural equality between employee and employer. Qualitative analysis will be used, employing deductive and dialectic techniques based on the collected data, researched bibliography, doctrine and national and foreign experiences.