ARTIFICIAL INTELLIGENCE IN JUDICIAL DECISIONS AND THE DUTY OF REASONING: A REFLECTION ON THE (IM)POSSIBILITY OF SUBSTITUTION OF HUMAN INTELLIGENCE

Abstract

The expansion of technologies, especially artificial intelligence (AI) around the world, is driving a profound transformation that does not have a different impact on the legal world. In this scenario, courts seek to adapt, incorporating innovations, in order to optimize processes and decision-making. However, there are major doubts about the safe use of such autonomous technologies, as well as whether fundamental principles such as the principle of reasoning of judicial decisions are respected. The present work aims to analyze about the (im)possibility of using artificial intelligence, totally or partially, in judicial decisions, from the obligation imposed by law that there is a need for reasoning the judicial decisions. The methodology of approach used in production is deductive, considering the understanding that human intelligence can not be replaced by artificial intelligence in judicial decisions, given the obligation to provide reasons provided by law.  At the end, it was concluded that AI’s can be used as auxiliary tools, but the responsibility for the final decision and its reasoning remains with the judge.