APPLICATION OF ARTIFICIAL INTELLIGENCE IN CONFLICTS SUBJECTED TO RESTORATION JUSTICE: (IM) POSSIBILITY

Abstract

Contextualization of the theme: The multiplicity and cultural dynamism that result from the evolution of society are potentializers of divergences, with conflicts inherent to these intersubjective relationships produced by interactions in this current complex and plural society. When essential values ​​are violated, the State criminalizes deviant behavior by creating a structure to punish those who break the rules. Nowadays, it is necessary to review the punitive system of the State, as it proves to be inadequate for societies. In this scenario, restorative justice presents itself as an adequate means of access to justice, as it is a procedure with a necessary contribution to the humanization of law. The research is justified because there was an intensification of restorative justice practices migrating to the virtual during the period of the Covid-19 pandemic.

Objective is to verify the suitability of using Artificial Intelligence (AI) to automatically decide processes or serve as a conciliator. Seeking to understand this social phenomenon in a broader social environment, a legal-sociological research was carried out.

Methodology was used, a systematic method to examine the Brazilian legal system and a bibliographical research of indexed periodicals in the area of ​​Law was carried out.

Result, with the methodology developed, it was possible to conclude that the use of AI as a robot "mouth of the system" automatically producing decisions or reconciliations separated from the social substrate is a dangerous path for a return to the old positivism, which equated the right to the law, where the Judge was the “mouth of the law” (mere reproducer of the law).