Technological Application of Binding Decision-Making Standards and the Need for Proper Dataset Construction in Intelligent Computational Systems
Judicial precedent; Artificial Intelligence; Dataset; Digital Justice; Due Process of Law
The hypothesis presented in this paper may be summarized as follows: From the perspective of precedent theory—both in its classical and technological approaches—new standards must be considered for structuring the datasets of artificial intelligence tools dedicated to managing binding decision–making patterns, in order to ensure that they can assist adjudicative activity while respecting due digital process of law.
Accordingly, this paper will present the characteristics of the Brazilian precedent system; the new arrangements of Digital Justice arising from the internalization of innovative general-purpose technologies (for example, Artificial Intelligence); the premises of the “Technological Theory of Judicial Precedents”; and, finally, the standards required to build an intelligent computational system dataset capable of effectively contributing to the management of paradigm rulings.