JUDICAL PRECEDENTS, ARTIFICIAL INTELLIGENCE AND THE (IN)EXPENSABLE INTERPRETATIVE ACTIVITY OF THE JUDGE

Abstract

This article discusses the interpretive activity of the judge related to judicial precedents and artifcial intelligence in the Judiciary. The subject covered is linked to the general theory of law and judicial decisions, covering general notions of interpretation and application of legal norms, as well as drawing a parallel with the implementation of artifcial intelligence in decision-making activities. The topic is of notable theoretical and practical relevance, as it seeks to understand how the legal system will be restructured based on these new paradigms and whether the judge’s activity will be (in)dispensable given the binding efect of precedents and the use of intelligence models artifcial in the production of decisions. Aiming to deepen the topic, in the present work, a bibliographical study was used and the deductive approach method of analysis was used. From the analysis of the present confict, it was verifed that interpretation consists of a complex activity and must be externalized through the basis of judicial decisions in our country, structured in a Democratic State of Law, providing the unity of the legal system. Along these lines, the need to re-signify concepts previously used was demonstrated, considering the institution of judicial precedents as a new normative source. Finally, it was realized that artifcial intelligence can contribute to the improvement of judicial provision, providing greater speed and rationality in deliberations, and should also be used as an instrument of integration, as the interpretive activity of the judge will continue to be indispensable in the construction process of the judicial decision, given the human nature of Law.