THEMIS: Revista da Esmec

INTELIGÊNCIA ARTIFICIAL GENERATIVA NA EDUCAÇÃO JUDICIAL: DESAFIOS E BOAS PRÁTICAS

Clio Nudel Radomysler — 2025-03-26

Generative Artificial Intelligence (GAI) is transforming higher education, including judicial education, by impacting learning processes and classroom interaction. However, this technological incorporation raises ethical, legal, and pedagogical challenges that must be addressed to ensure its responsible use. This article is a result of research conducted by <omitted for peer review>, that aims to identify and analyze these challenges, as well as to systematize best practices that can be adopted by legal education institutions. Through a literature review in the Web of Science and Google Scholar databases, the research mapped the main academic discussions on the topic between 2020 and 2024, focusing on Generative AI and its applications. The results highlight risks such as data protection, plagiarism, digital exclusion, technological dependency, and loss of control over the educational process, as well as the importance of clear guidelines for judicial education, curricular changes, and training for both faculty and students, promoting a balance between innovation and risk mitigation. We conclude that the responsible adoption of these technologies can bring significant advancements to legal education, provided it is accompanied by a solid and ethical institutional framework.

JUSTIÇA ALGORÍTMICA E DIREITOS HUMANOS: ANÁLISE DOS LIMITES E POTENCIAIS DE UMA NOVA FORMA DE JULGAMENTO

Diego Alves da Silva — 2025-03-26

Abstract

This article investigates the interface between algorithmic justice and human rights, highlighting the ethical and legal challenges arising from the use of artificial intelligence in the judicial system. The research is justified by the growing adoption of digital technologies in judicial decisions, which raises questions about transparency, impartiality and respect for fundamental rights. The central objective is to analyze the limits and ethical and legal possibilities of algorithmic justice, considering its impact on the justice system.

The methodology used is bibliographic, with critical analysis of contemporary works and studies. The article is structured into three sections: the first discusses the foundations of algorithmic justice and its relationship with human rights; the second explores the risks of this implementation, such as the opacity of algorithms, biases and possible discrimination; and the third analyzes the potential benefits of ethical algorithmic justice, proposing solutions such as audits and regulations to mitigate risks.

The results indicate that, although algorithmic justice offers advantages in terms of efficiency and accessibility, it is crucial to implement rigorous measures to avoid inequalities and ensure due legal process. It is concluded that the study contributes to the debate by proposing a critical and balanced perspective on the adoption of technologies in the justice system, highlighting the need to align technological innovation with respect for human rights.

Keywords: justice; algorithm; human rights; artificial intelligence.

THE (IN) EXISTENCE OF A RIGHT TO EXPLANATION OF AUTO-MATED DECISIONS

Cláudio José Franzolin — 2025-03-26

In response to Artificial Intelligence automated decision-making systems, this paper primarily aims to address the existence and viability of the right to explanation, taking into account the provisions of the General Data Protection Law of Brazil (Law No. 13,709/2018) and the General Data Protection Regulation of the European Union, without excluding dialogue with the European bloc's AI Act and Bill nº 2338/23, which is being processed by the Brazilian Federal Senate.The specific objective is to conduct a qualitative study of the right to explanation regarding automated decisions from the perspective of the General Data Protection Regulation of the European Union and the General Data Protection Law of Brazil. To this end, the analytical method will be adopted with a procedure of analysis of documentary and bibliographic content that allows the comparison, to the extent possible, between both regulations. It is clear, however, that the implementation of a right to a posteriori explanation is still restricted and limited. Another objective is to analytically address the conceptual delimitation of explanations of automated decisions and the limits of their content, taking into account the extent of which information can be transmitted to the data subject. In the end, a scenario of (non)existence of the right to explanation is observed. Mainly because the wording of the Artificial Intelligence regulation imposes the request and provision of explanations as an individual right of people affected by AI, while data protection legislation does not expressly enshrine this right for the data subject.

QUEM CONTROLA O CONTROLADOR? VULNERABILIDADES TECNOLÓGICAS E AS VIOLAÇÕES NO SISTEMA DE MONITORAÇÃO ELETRÔNICA CRIMINAL NO BRASIL

Fernanda Analú Marcolla — 2025-03-26

This research aims to analyze the technological vulnerabilities reflected in the increasing violations related to the implementation and operation of electronic monitoring devices in Brazil. The relevance of the topic stems from the detection of fraud in the installation and operation of these devices, which should ensure the effective monitoring of individuals. The central problem of the research is to investigate how the occurrence of fraud and violations in the criminal electronic monitoring system in Brazil undermines the objectives of this policy, highlighting technological weaknesses in punitive practices. Based on an analysis of journalistic reports compared with existing literature on the subject, it was found that, due to both technological and human vulnerabilities, electronic ankle bracelets often fail to fulfill their intended purposes. The lack or insufficiency of multidisciplinary teams in many Brazilian states, as well as the absence of proper training and investment in the agents responsible for monitoring, creates a favorable environment for fraudulent schemes within the monitoring system. The goal of this research is to examine the potential violations and fraud in the installation and use of electronic ankle bracelets by users and monitoring center agents. The research follows a hypothetical-deductive method, based on documentary and bibliographic research, along with an analysis of media reports on the topic.

LEGAL GOVERNANCE OF DIGITAL PLATFORMS

Flávio Maria Leite Pinheiro — 2025-03-26

In recent years, digital platforms have become fundamental in sectors such as communication, commerce and entertainment, profoundly influencing behaviors, opinions and the global economy. Social networks, marketplaces and streaming services not only facilitate interactions and transactions, but also shape society, raising concerns about digital monopolies, data protection, misinformation and privacy. In this context, there is a need to investigate how legal governance can be structured to regulate these platforms in a balanced way, ensuring the protection of users' rights, promoting competition and encouraging technological innovation. This study aims to critically analyze the role of legal governance in the regulation of digital platforms, focusing on their social and economic implications. The methodology used includes a qualitative approach, with literature review, analysis of practical cases and comparative study of regulatory regimes, observing relevant legislation and court decisions. The results reveal that, although there are advances in regulation, such as the GDPR in the European Union and the LGPD in Brazil, there are still significant gaps, especially in terms of data protection, privacy and combating the concentration of power. It is concluded that a hybrid model of regulation, which combines self-regulation with state supervision, can offer an appropriate balance, promoting both innovation and the protection of fundamental rights. This model would allow the development of a competitive and safe environment, while ensuring efficiency in facing the challenges brought by digital platforms.

Generative Artificial Intelligence in the Judiciary:

José Eduardo de Melo Vilar Filho — 2025-03-26

The course "Legal Writing with ChatGPT: Theory and Practice" was designed to train judges to use artificial intelligence (AI) in their legal writing practice through ChatGPT, aiming to enhance the effectiveness and persuasiveness of their texts. One year after the course, an evaluation was conducted to analyze the impact of Generative AI on the judicial activities of judges in the 5th Region. The objective was to assess how the course influenced the efficiency and quality of legal document production. The study uses a mixed-methods approach, both qualitative and quantitative, including data collection via the Teams Platform, with questions about institutional affiliation, the use of ChatGPT, and its impact on judicial activities. The research is exploratory and descriptive in its objectives and strictly analytical in nature. The data showed that 71.42% of participants noticed a reduction in writing time, and 81.48% observed improvements in document quality. Generative AI was predominantly used for text revision and decision structuring. Despite significant use of the tool, only 30% of judges' work teams utilized it. Suggestions for improvement included practical integration of AI into the work environment, enhancements in educational materials, and new courses on AI innovations. In conclusion, Generative AI proved effective in optimizing time and improving the quality of legal texts, with potential for positively impacting judicial productivity.

A (DES) PROTEÇÃO PÓSTUMA DA IMAGEM NA ERA DA INTELIGÊNCIA ARTIFICIAL: O VÁCUO NORMATIVO E A HIPÓTESE DE LEGITIMIDADE EXTRAORDINÁRIA

Jeferson Jaques Ferreira Gonçalves — 2025-03-26

O presente trabalho tem por objetivo analisar se na inexistência de familiares, o Ministério Público pode atuar como legitimado para a proteção póstuma da imagem de um indivíduo; do mesmo modo, investiga se, por meio da Autonomia Privada, é possível criar uma espécie de legitimidade extraordinária, a fim de substituir os legitimados expressos no Código Civil. A pesquisa justifica-se pelo vácuo normativo do art. 20, parágrafo único, do Código Civil, que não dispõe de solução para a proteção póstuma da imagem na ausência de legitimados, bem como pela necessidade de se estabelecer critérios efetivos de proteção da imagem póstuma em uma sociedade hiperconectada. O método para a elaboração do trabalho é de enfoque qualitativo, sendo utilizado o método de abordagem hipotético-dedutivo, enquanto o método de procedimento foi o monográfico, por meio de técnica de pesquisa bibliográfica, com a análise de livros, artigos científicos, dicionários, notícias e documentos sobre a temática. Espera-se, como resultado, contribuir para o preenchimento de uma lacuna significativa no ordenamento jurídico, oferecendo reflexões e possíveis soluções para um problema que tende a se intensificar com o avanço tecnológico.

PUBLIC SECURITY, TECHNOLOGY, ARTIFICIAL INTELLIGENCE AND FUNDAMENTAL RIGHTS

Rogério Gesta Leal — 2025-03-26

Technologies using artificial intelligence play a crucial role in public safety. The 1988 Constitution enshrines security as a duty of the State and a right of all, but its implementation faces obstacles. This article analyzes public security policies in the Digital Age with the use of technological instruments in the face of fundamental rights. To this end, we have the following research problem: What is the necessary structuring of Brazilian public security policy in the face of the use of technologies and artificial intelligence in contrast to individual fundamental rights? The method used is dialectical, with a monographic approach. The study addresses the contemporary foundations of the right to security, its public policy matrices, as well as the counterpoints with fundamental rights. In the end, it is found that Brazil still lacks protective instruments for individual rights in the face of the use of public security technologies.

A REVOLUÇÃO DA JURIMETRIA: DESAFIOS E PERSPECTIVAS DE APLICAÇÃO NO PROCESSO JUDICIAL

Denison Melo de Aguiar — 2025-03-26

The jurimetrics revolution has challenges and prospects for application in the judicial process that can contribute to the development of the promotion of justice, however, they need to have controls and monitoring in accordance with the Brazilian legal system. In this sense, the objective of this article is to demonstrate the importance of applying jurimetrics as a means of improving judicial provision. The methodology used was bibliographical research with theoretical analysis. From this, it can be concluded that jurimetrics is an instrument that can facilitate acts in legal proceedings, when it is monitored and evaluated according to the Brazilian legal system, for example, according to the LGPD regulations.

Espanhol

Silvia Barona Vilar — 2025-03-26

The dataization of life, of society, in the 21st century has become an indisputable reality, reaching also the algorithmization of Justice. The challenges and risks are enormous and the outlook is complex. We are witnessing an ever-increasing "hybridization" of Justice: machines and humans interact, algorithms assist legal operators, systems are created to complement the decisions of judges, prosecutors, lawyers, notaries, etc., although, increasingly, we are moving towards the progressive replacement of human beings in Justice by machines, by robots. The dilemma is present and the question arises as to whether the fascinating quest for Smart Justice will lead to the disappearance of humans in Justice. This paper discusses how technology has reached the world of Justice and how it is transforming legal concepts, principles, procedural rules, favoring a certain "automation" of functions that, until now, were "human".

Expediente

2025-03-26