Abstract

GOMES, Eduardo Biacchi; VAZ, Andréa Arruda  and  DIAS, Sandra Mara de Oliveira. ETHICAL LIMITS FOR ARTIFICIAL INTELLIGENCE IN THE BRAZILIAN SYSTEM OF JUSTICE ACCORDING TO THE LAW AND RESOLUTIONS. Revista Internacional CONSINTER de Direito [online]. 2021, n.13, pp.107-124.  Epub Sep 08, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00013.04.

This research analyzes how artificial intelligence has been applied by the Judiciary in Brazil. What ethical limits should be established and observed in the implementation of Artificial Intelligence before the Resolutions of the CNJ, n. 331 that established the National Database of the Judiciary - DataJud, n. 332 that provides for ethics, transparency and Governance in the production and use of Artificial Intelligence in the Judiciary and Law 13,709 of 2018 that regulates data protection in Brazil. It is concluded that based on the Ethics on the use of Artificial Intelligence in Judicial Systems (CEPEJ), based on Articles 5, XXXVII and LIII, Article 93, IX of the CF/88, Article 20 of 13,709/2018 (LGPD) and Resolutions 331 and 332/2020 of the CNJ point to the need for human supervision in judicial decisions that use artificial intelligence in observance of the right of explanation and review. There are ethical limits to be observed in the production and use of Artificial Intelligence to avoid the bias and opacity of data that may contaminate judicial decisions from absolute nullity. Deductive method and bibliographic technique are used for the production of this article.

Keywords : Artificial Intelligence; Ethics limits; judiciary power; Resoluções n. 331 e 332 do CNJ e Lei 13.709 de 2020..

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