The application of artificial intelligence in the judiciary and the limits of personal data protection: a Legal and constitutional analysis

Abstract

The scientific article analyzes the growing use of Artificial Intelligence (AI) in the Brazilian justice system, highlighting the need to reconcile technological innovation with the protection of personal data, a fundamental right incorporated into the constitutional text by Constitutional Amendment No. 115/2022. The study critically examines the risks of automating judicial decisions in light of the principles established by the General Data Protection Law (Law No. 13,709/2018), the jurisprudence of the Federal Supreme Court, and Resolution CNJ No. 332/2020, emphasizing the importance of ensuring transparency, human oversight, algorithm explainability, and the prevention of automated discrimination. A qualitative approach is adopted, allowing a deeper understanding of the constitutional and legal implications of digital transformations in the judiciary. The findings reveal that although AI can enhance efficiency and procedural speed, its implementation without a robust regulatory framework threatens fundamental rights such as privacy, due process, and equality. The opacity of systems and potential algorithmic biases highlight the urgency of specific regulation and mechanisms for social and institutional oversight. It concludes that technological advancement must be harmonized with constitutional guarantees. Thus, the study proposes regulatory measures such as Algorithmic Impact Assessment, active system transparency, and the continuous training of judges and legal professionals to ensure that technological innovation in the judicial sphere takes place ethically, inclusively, and in alignment with the protection of fundamental rights, contributing to strengthening legal security and social trust in the digital judicial process