Giulia Keese Montanhesi
Lawyer at Marcos Martins Advogados
The National Council of Justice published Resolution no. 332, of August 21, 2020, which provides for ethics, transparency and governance in the production and use of Artificial Intelligence in the Judiciary.
According to the Resolution, the use of artificial intelligence can contribute to the agility and coherence of the decision-making process, as long as its compatibility with Fundamental Rights, ethical criteria of transparency, predictability, the possibility of auditing and the guarantee of impartiality and substantial justice are observed.
He also points out that
“Judicial decisions supported by Artificial Intelligence must preserve equality, non-discrimination, plurality, solidarity and a fair trial, with the provision of means aimed at eliminating or minimizing oppression, the marginalization of human beings and errors of judgement resulting from prejudice.”
It is important to mention that the regulation establishes a dialog with the LGPD by mentioning that Artificial Intelligence must “respect the privacy of users, being aware of and controlling the use of personal data” and that “the data collected by Artificial Intelligence must be used responsibly to protect the user”.
We therefore see the new resolution as a step forward, given the absence in Brazil of specific rules on governance and ethical parameters for the development and use of Artificial Intelligence.
