THE IMPACTS OF ARTIFICIAL INTELLIGENCE ON THE JUDICIARY

Abstract

This paper aims to analyze the main impacts of using artificial intelligence in the judicial system, especially the issues of transparency and explainability in judicial decisions. In this legal context, the importance of applying computer technology is notorious, which has grown over the years and continues to undergo adaptations and adjustments to better adapt to the legal reality, such as the electronic process system. However, the great highlight is the benefits provided by artificial intelligence, among them procedural speed, economy, agility and for providing ease of access to the judiciary. However, some adverse situations arise in this scenario related to ethics, legal certainty and principles, such as transparency and explainability. And the research problem of this work focuses on the clashes arising from the use of the AI tool that is related to the problem of transparency and explainability in judicial decisions. It is society's right to value impartiality and justice in trials, and a case study was even presented that demonstrated how ethical deviations are possible in the face of a judicial decision made by AI, without human supervision. Therefore, since this work deals with ethical and legal issues in the judicial system, it was essential to discuss the regulation of Artificial Intelligence by specific law, which is currently being deliberated by the National Congress. Finally, this work advocates the use of ethical guidelines, transparency and explainability in judicial decisions when using artificial intelligence, that is, it is a tool that has come to assist in judicial decisions, with the aim of ensuring and maintaining efficiency, trust and the well-being of society in decisions, and not replacing the interpreters of the rights of the Judiciary.