Acesso Efetivo à Justiça e Discriminação Algorítmica: O Uso de Inteligência Artificial pelo Poder Judiciário

Abstract

The use of artificial intelligence (AI) systems by the judiciary is already a reality and has emerged as an alternative to procedural delays and the overload of cases in judicial institutions. However, algorithmic discrimination poses a clear risk in the use of these systems. In light of this, this study seeks to understand the implications of algorithmic discrimination for effective access to justice and how this fundamental right can be ensured in a scenario of increasing reliance on AI systems by the judiciary. Methodologically, the study adopts the deductive method and the technique of documentary bibliographic research. It concludes that algorithmic discrimination is incompatible with effective access to justice and that overcoming this issue requires the incorporation of an intersectional perspective capable of recognizing and addressing the structural inequalities that affect judicial decision-making.