Artificial Intelligence and the Civil Process

Abstract

The emergence of new social realities linked to the digital world has implied a relevant change in the way law operates and is understood. With technological advances, judicial provision has undergone numerous transformations, mainly in terms of the devices that allow those under jurisdiction to have access to the assessment of their disputes by the Judiciary. In view of this, it is noted that technology in the legal sphere has become an inexorable reality, considering that it has become an instrument combined with the optimization and improvement of legal practices, facilitating access to justice, enabling a certain speed to procedures and allowing the reduction of procedural costs. However, despite the possible benefits arising from the modernization of the judiciary, the implementation of certain technologies that are not properly regulated may present a potential mechanism that violates the Democratic Rule of Law, by possibly interfering with fundamental rights guaranteed to Brazilian citizens. That said, the purpose of this article is to analyze the incidence of Artificial Intelligence (AI) in the course of Brazilian civil proceedings, with the purpose of encouraging and elucidating the legal debate. In this sense, it will begin by presenting the concept and aspects of Artificial Intelligence within the scope of the Judiciary, subsequently examining the implications of using AI in the course of civil proceedings, as well as evaluating its possible advances aimed at improve the efficiency of legal services and their imminent risks that may violate procedural principles and fundamental guarantees of individuals, in addition, the impacts and limits of the applicability of AI in judicial decisions will be demonstrated and, finally, weave the conclusion will be reached. It should be noted that this article will use the hypothetical deductive method, based on bibliographical research in order to develop a study with primacy and excellence.