BETWEEN ALGORITHMS AND LEGAL CODES

HOW ARTIFICIAL INTELLIGENCE IS REDEFINING THE ROLE OF LEGAL PROFESSIONALS IN BRAZIL

Resumo

The use of computational tools, such as artificial intelligence, to optimize routine activities — whether in personal or professional contexts — has been the subject of academic debate. In the legal field, several challenges have emerged in ensuring the appropriate use of these technologies, in light of fundamental principles such as access to justice, legal certainty, and equality. The various forms of artificial intelligence may be applied in multiple ways within the legal domain, contributing to the reduction of time spent on tasks such as document review, data compilation, legal research, case monitoring, and even the full drafting of decisions and legal briefs — although the latter applications have been met with certain criticisms. The fact is that AI, when properly employed, not only saves time but may also enhance the quality of legal work by providing more coherent texts, faster responses, and broader legal research, thereby positively impacting the quality of legal outputs. It is important to note that the concept of automated justice is not a novelty in the Brazilian legal system. An example of this is Law No. 11,419/2006, which provides for the digitalization of judicial proceedings. Even prior to this legislation, there were initiatives aimed at improving document and case information management. Artificial intelligence is, therefore, a reality that cannot be ignored. Aware of this, the National Council of Justice enacted Resolution No. 332/2020, establishing guidelines for the use of AI within the Judiciary. Nevertheless, the implementation of such tools raises important concerns regarding their reliability in judicial proceedings. On one hand, automation enables the rationalization of repetitive and simplified tasks, as well as the enhancement of activities already performed by legal professionals — particularly in textual review and case law research. On the other hand, it poses significant challenges, such as the need for transparency in the use of such systems, prevention of discriminatory algorithmic biases, guarantees of data privacy and protection, continuous technological adaptation, preservation of human participation, and, above all, the safeguarding of access to justice itself. After all, in the pursuit of a swift and effective judicial process, would it be acceptable for a decision to be rendered entirely by an artificial intelligence system, without any human intervention? This is one of the core questions addressed in this paper, which aims to examine, from the perspective of Brazilian legislation and based on bibliographical research, the risks and benefits of AI usage in the legal field by legal practitioners. In conclusion, it is asserted that Brazil, following the example of other nations, must establish a specific regulatory framework for the use of artificial intelligence in the Judiciary. It will be essential to implement effective mechanisms for oversight and continuous improvement of algorithms to ensure judicial decisions that are impartial, equitable, and aligned with the principles of a Democratic Rule of Law. Artificial intelligence should be understood as a tool to support and enhance legal work — never as a replacement for the essential roles performed by the key agents of justice.