THEORY OF JUDICIAL DECISION AND THE USE OF ARTIFICIAL INTELLIGENCE

Abstract

The Theory of Judicial Decision investigates how judges make decisions and the grounds that guide them, with an emphasis on the duty to state reasons, which requires clear justifications for decisions, allowing the parties to understand the reasons behind them. This field seeks to understand the influences on the decision-making process, reflecting the tension between the strict application of norms and adaptation to circumstances, especially with the impact of technologies such as artificial intelligence (AI). The introduction of AI in the judiciary is irreversible, promising to process data and speed up decisions, but also raising concerns about the depth of analysis and limitations in understanding ethical nuances. The research aims to analyze the impacts of AI on judicial decision-making in Brazil, evaluating its advantages and disadvantages. The debate over the use of AI questions the fairness of trials, pitting the impartiality of the machine against the human experience. For this, deductive and bibliographic methods will be used, with legislative, doctrinal and jurisprudential analysis.