Artificial intelligence as a resource to enlarge legal certainty on legal decisions
Abstract
The research developed on this article explores the usage of artificial intelligence systems – which are the intelligent support systems and the automated decision systems – as a resource to reach higher levels of legal certainty on legal decisions. In order to do that, it compares the elements of the modern and the post-modern scientific paradigms, positivist and post-positivist, and it makes evident that the principle of legal certainty assumes a particular lineament when observed by a post-positivist scope, that demands the exercise of the jurisdictional activity to guarantee, through interpretative and argumentative ruled procedures, knowability, reliability and calculability relative to the construction and to the application of the legal norm. The article concludes that the quality of the legal decisions can be augmented when intelligent decision and classifying systems are used by the public administration and by the judges.Downloads
Published
2020-04-06
Issue
Section
30º Encontro Ibero Americano de Governo Eletrônico e Inclusão Digital