Jurisdição penal imparcial e inteligência artificial : a (im)parcialidade do juiz-robô

Abstract

The present research aims to analyze the (im)possibility of adopting the robot-judge in light of the principles of impartial criminal jurisdiction, based on the analysis of the principle of inertia of jurisdiction, the right to an impartial judge and the guarantee to the natural judge. It is developed, with this aim, in three chapters, which deal, respectively, with: 1) Artificial intelligence and the Brazilian justice system, its proper conceptualization and the state of the art with the bills on the subject; 2) The challenges of implementing the robot judge in the Brazilian justice system, based on the introductory analysis of the technological feasibility of building and programming a robot judge, in light of experiments already known in Estonia and China; the definition of the robot's legal personality, the (un)necessity of implementing a respective legal status and the robot and its programmer; and the responsibility that the machine will be subject to, in the event of damage while performing its electronic functions; and, finally, 3) The adoption of the accusatory-constitutional system in the analysis and investigation of the (im)partiality of the robot judge, its programmer and the legal entity that created the robot in relation to the principles of impartial criminal jurisdiction