Responsabilidade pelo uso de sistemas autônomos no Poder Judiciário

Abstract

This article analyzes the impact of implementing automated systems in the Brazilian judicial system. The research, which used qualitative methods such as a literature review and real-life case analysis, investigates the ethical and legal challenges arising from the adoption of this technology. The study identifies the assignment of responsibility for the use of autonomous systems as a central issue, a legal challenge exacerbated by algorithmic opacity ("black box"), the unpredictability of their results, and automation bias. To investigate this issue, the study analyzes the possibility of a risk theory-based approach, taking into account regulatory initiatives such as the resolutions issued by the National Council of Justice (CNJ) and Bill No. 2338/2023. The study concludes that technology should be viewed as a supportive tool, with human oversight being essential to ensuring a fair, ethical, and transparent process.