The Judiciary will now have parameters that must be complied with for the use of artificial intelligence (AI) by the courts. The text produced by the working group coordinated by the National Council of Justice (CNJ) on the subject will be judged by the Plenary by the end of February.
The text provides guidelines for the development, auditing, monitoring and responsible use of AI. Among the assumptions established is the provision of information to the user when these solutions are used in processes and decisions, as well as the use of simple language in these communications - one of the pillars of the management of the president of the CNJ and the Federal Supreme Court (STF), Luís Roberto Barroso.
Artificial intelligence is a field of computer science aimed at developing machines and programs capable of reproducing human-like skills. However, among the aspects addressed in the resolution will be the provision for human participation and supervision at all stages of the development and use cycles of technical solutions.
Fundamental rights
The aim of the regulation is to ensure the fundamental rights of citizens who access the Judiciary, promoting technological innovation and the efficiency of judicial services in a safe, transparent, isonomic and ethical manner, while preserving the autonomy of the courts.
The draft regulation is the result of discussions held over the course of a year by the WG set up by the Ordinance 338/2023, coordinated by Luiz Fernando Bandeira de Mello Filho. A milestone in this debate was a public hearing held from September 25th to 27th, 2024. It discussed topics such as: governance, transparency and regulation; the use of AI in judicial decision-making; data protection, privacy and security; practical applications and development; ethical challenges and fundamental rights; and generative AI and its impacts. The event also saw the launch of the survey on “The use of Generative Artificial Intelligence in the Brazilian Judiciary”.
According to the survey, almost half of the civil servers and judges who responded to the diagnosis use the tool in court. However, more than 70% of participants in both groups reported that they use it “rarely” or “occasionally”. Although it is rarely used, among those who do use the tool, there is a considerable use for court activities (27% of judges and 31% of civil servers use it in their professional lives).
Read the draft resolution on AI in the Judiciary in Portuguese here and the English version here.
