The need to adequately construct the dataset for intelligent computational systems and to technologically apply binding decision-making standards.
Judicial Precedent; Artificial Intelligence; Dataset; Digital Justice; Technological Due Process.
This thesis is intended to address the following research problem: How should the dataset of artificial intelligence tools employed to assist in the technological formation and application of binding decision-making standards be constructed so as to guarantee the effectiveness of judicial protection?
Accordingly, the hypothesis advanced in this work can be summarized as follows: From the perspective of precedent theory—both in its classical and technological dimensions—new standards must be developed for structuring the datasets of artificial intelligence tools aimed at managing binding decision-making standards, so as to ensure that they can effectively assist the adjudicative process while respecting technological due process.
Thus, Chapter I will present the characteristics of the Brazilian precedent system and its application dynamics. Chapter II will examine the new arrangements of Digital Justice arising from the incorporation of innovative general-purpose technologies (e.g., artificial intelligence). Chapter III will establish the premises of the “Technological Theory of Judicial Precedents” and introduce the standards necessary to construct a dataset for an intelligent computational system that can meaningfully contribute to the management of paradigm pronouncements.
In methodological terms, the following methods were employed:
a) Descriptive, to set out the theoretical foundations concerning the landscape of artificial intelligence and precedent theory;
b) Investigative-deductive, in order to resolve the proposed questions;
c) Case study, evaluating the computational system PEDRO; and
d) Literature review, which provided a pluralistic perspective on the subject through national and international scholarship.