From artificial intelligence to the right to human reasoning in automated decision-making

Abstract

It is indisputable that technological advances have brought many benefits to life in society. However, they also raised questions about the relativization of rights to the detriment of such benefits. Regarding the use of technology in the Judiciary, especially the use of artificial intelligence, a topic to be addressed in this article, there are concerns that arise regarding the standardization of decisions and the lack of motivation linked to the specific case in order to provide more decisions in less time. Considering that the importance of the Judiciary in the protection of the rights of those under jurisdiction is undeniable, both formally and effectively, as a general objective of this work we aim to discuss whether the use of artificial intelligence by the Judiciary in Brazil compromises or assists the realization of rights. In order to achieve the objective, the deductive method is used, with a qualitative approach, based on bibliographic research. It was concluded that it is essential that artificial intelligence be treated as a facilitator of the service provided and not as a substitute for human beings, especially those who carry out decision-making activities.