Between the principles of access to justice, transparency and contradictory: the issue of explability in the decision-making processes of the Victor and Vitória systems in the STF

Abstract

Technologies associated with artificial intelligence have become widespread in various areas of life, including the judiciary. Within the scope of the Federal Supreme Court, the Victor and VitóRIA systems operate, aiming to help the allocation, knowledge about the profile and allow the joint treatment of repeated or similar themes. The argument justifying the deployment of AI is the reasonable duration of the process. By virtue of its attributes, however, AI faces a post-decision explanatory gap. Thus, there is potential violation of fundamental rights to publicity of procedural acts, access to justice and contradictory. In this way, the objective of this article is to verify, through a bibliographical research, if the lack of explanation of the decisions of the AI systems in operation in the STF characterizes restriction to the fundamental rights of access to justice, publicity and contradictory, and to weave possible ways to mitigate the risks of injury to the aforementioned rights guaranteed by the current Constitution. In the end, it was concluded that the AI platforms of the STF are not yet self-explanatory, violating fundamental rights, at which time it was suggested the insertion of normative prediction in the internal regulations and registration in judicial acts aided or drafted by technology, to contemplate the minimum of publicity, access to justice and contradictory.