Hermenêutica em tempos de algoritmização da decisão judicial: a necessidade de pensar a tese da resposta correta no direito processual da sociedade em rede

Abstract

The civil process was invaded by algorithmic artificial intelligence technologies, as a solution to the critical overflow of demands that require jurisdictional satisfaction from the Judiciary. It was no surprise. There is an urgent need for a response that speeds up the almost eighty million processes currently active. It turns out that the insertion of algorithms in the process, despite the excitement that grips jurists regarding the promises of AI, must be critically investigated, as the condition of being in the world of the interpreter in the process, which is not understood by the algorithm, does not it can be dismissed or treated as a second thing in the process. This research will therefore focus on considering that appropriate answers are given by the intertwining of hermeneutics of a philosophical nature with the theory of the integrity of law, on the limits and possibilities of the hermeneutically correct answer, which matters in establishing of a relationship between interpreter and text (or elements of law) in which its meaning is revealed from the text, which can be revealed by algorithmic artificial intelligence tools. Therefore, the problem on which the research focuses is to investigate the limits and possibilities of using algorithmic artificial intelligence tools in the networked judicial process to reveal the hermeneutically appropriate response to the case. The objective is, therefore, based on the identification of the current strategic position of the jurisdiction, especially constitutional substantialism, of a judge as a consecrator of rights, and the interweaving of hermeneutics of a philosophical nature, notably the hermeneutic circle, with the integrity of the law that presupposes a condition for constructing the correct answer, investigating to what extent the algorithm can be included in the unveiling of the hermeneutically appropriate response to the networked judicial process. The study is methodologically made possible by the adoption of the hermeneutic phenomenological method, which uses as a base theory the philosophical hermeneutics of Heidegger and Gadamer, focusing on the hermeneutic circle, and Ronald Dworkin's thesis of the integrity of law. The conclusion reached is that the algorithmic tools of artificial intelligence, although they can be inserted in the networked judicial process, do not replace the human being as an interpreter, as they lack the condition of being in the world fundamental to understanding what the texts – elements of law – mean.