Paradigmas da dependência da inteligência artificial no judiciário brasileiro: a legitimidade decisória da concessão de justiça gratuita realizada no Tribunal de Justiça do Espírito Santo e no Tribunal de Justiça da Paraíba

Abstract

The adoption of disruptive technologies has been a vector for substantial transformation in various aspects of human life, causing significant changes in contemporary social dynamics. This technological insertion across multiple everyday spheres not only reshapes individual interactions and behaviors but also reconfigures institutional structures and operations. This has culminated in a landscape of disruptive changes that challenge traditional paradigms and impact production methods and business models globally, including law and the justice system. In light of this situation, the aim of the present research is to assess whether there is detriment to the legitimacy and effectiveness of the decision to grant or deny requests for free legal aid within the jurisdiction of the Courts of Justice of Paraíba and Espírito Santo when this decision is made through artificial intelligence software. From this starting point, we seek to determine the content and relevance of the institute of free access to justice, specifically highlighting how the judge's decision regarding requests for free legal aid occurs within the Brazilian Courts in light of the criteria of social vulnerability of the litigants. The goal is to distinguish which type of artificial intelligence technique is being used in the decision-making process on free legal aid in the TJPB and TJES, and finally, to explore the existence in Brazilian legislation of normative instruments that underpin and guide judicial decisions made by machines, especially those decisions that highlight—or hinder—the right of access to justice and the Judiciary. The method for executing this research project is the hypothetical-deductive approach. As research techniques and instruments, the investigation will be developed through indirect documentation, bibliographic research in books, using authors such as Boaventura de Sousa Santos, István Mészáros, Mauro Capelletti, Bryan Gart, Stuart Russel, and Peter Norvig, among others, for theoretical foundation. Additionally, we have made use of articles, specific journals, dissertations, and theses, as well as electronic documents, laws, administrative and judicial decisions, to better effectuate this work.