O emprego da inteligência artificial no processo e a exigência de fundamentação e transparência das decisões judiciais: a eficácia do art. 8º do PL 2338/2023

Abstract

The intersection between Law and Artificial Intelligence presents crucial challenges in terms of compatibility with legal norms, which justifies the search for ethical and responsible use through PL 2338/2023. This study analyzes, under the filter of substantial contradictory and reasoning, the viability of judicial decisions made by AI, with emphasis on article 8 of PL 2338/2023. The research questions the effectiveness of this article in the face of algorithmic opacity and its contribution to the preservation of constitutional norms in the application of AI in judicial decision-making. The methodology was exploratory and deductive, using bibliographic research, documentary analysis and data from the CNJ and FGV. The study shows that respect for procedural rules brings transparency to judicial decisions, which is also applies to the use of AI. It highlights the importance of Article 8 of PL 2338/2023 as a guide for explanations, which ensures useful transparency for AI decisions. From the analysis of practical solutions, it concludes that, despite current limitations, there are ways to give transparency to algorithms, allowing the ethical application of AI in the making of judicial decisions compatible with substantial contradiction and reasoning.