Gerenciamento tecnológico do sistema de justiça penal : policiamento, investigação e decisão

Abstract

The research is about the complex intersection between new technologies and the criminal justice system, being inserted in the area of concentration Criminal System and Violence, emphasized on the research line Contemporary Legal-Criminal Systems from Postgraduate Program in Criminal Sciences at PUCRS. This work focuses on the implications arising from the use of technological tools based on Artificial Intelligence in the punitive system and the main risks and perspectives of the incorporation of technological solutions in the criminal justice system. In this context, the research examines and inquires the discourses and logics behind the insertion of these tools in the criminal justice system, through epistemological, theoretical, and philosophical research. The first chapter goes through the socio-technical panorama of technology, establishing a basic understanding of the main technologies present in the 21st century, demystifying the fallacies of neutrality and objectivity. This chapter also analyzes the algorithmic governmentality phenomenon and the actuarialism movement, which is instrumentalized in risk assessment tools, reorienting the state activity over the epistemic codes of efficiency and managerialism. The second chapter deals with the Judiciary adaptation to the intense technological development, as a result of the digital and informational society, which begins with the mere documents and procedures informatization, reaching, progressively, deeper layers of the justice system. After outlining this scenario, in the second chapter, the research analyzes the regulatory framework on the use of Artificial Intelligence in Courts, intended for the construction of ethical-legal guidelines for the development and use of these tools by the state. Finally, the third chapter combines the premises established in the first about the socio-technical panorama of technology with the progress in the judicial system and the ethical-legal panorama addressed in the second, critically examining how big data, algorithms, and the phenomenon of Artificial Intelligence interact and integrate into criminal justice, impacting the criminal procedure and the various judicial actors practices from the investigative phase to the decision-making process. At the end, after delineating some of the main dilemmas and risks unveiled in the intersection between criminal sciences and new technologies, reflections are made on the perspectives of using technological tools focused on ethical-legal principles aimed at enhancing human dignity and the human being central role.