LIMITS AND CHALLENGES IN THE USE OF ARTIFICIAL INTELLIGENCE IN THE JUDICIARY: AN ANALYSIS OF THE CASE OF THE COURT OF JUSTICE OF SANTA CATARINA

UMA ANÁLISE DO CASO DO TRIBUNAL DE JUSTIÇA DE SANTA CATARINA

Abstract

The research analyzed the challenges and limits of the application of Artificial Intelligence (AI) in the Brazilian Judiciary, with emphasis on the case of the Court of Justice of Santa Catarina (TJSC), in which a lawyer was penalized for using non-existent precedents generated by AI. The general objective was to examine the impacts of AI on transparency, impartiality, and procedural efficiency. As specific objectives, we sought to: (i) investigate the historical evolution of AI in the Brazilian Judiciary; (ii) discuss the ethical and legal challenges arising from its use; and (iii) analyze the case of TJSC as a practical example of the risks of inappropriate use of technology. The methodology adopted was qualitative, based on a bibliographic and documentary review, with analysis of CNJ resolutions, institutional reports, academic articles, and Bill No. 2,338/2023. The research was based on Miguel Reale’s Three-Dimensional Theory of Law, which considers Law as the result of the integration of fact, value and norm — AI being a fact that demands normative responses anchored in constitutional values. It was found that, although AI had the potential to optimize justice, it still faced significant obstacles, such as algorithmic opacity, the possibility of discriminatory biases and the lack of specific regulation. Finally, it was concluded that the responsible use of AI in the Judiciary depended on continuous human supervision, transparency in systems and adequate training of legal professionals, in order to guarantee the preservation of fundamental rights and trust in the justice system.