OS ALGORITMOS APLICADOS NA INTELIGÊNCIA ARTIFICIAL E O PROCESSO PENAL

Abstract

ABSTRACT: This article will discuss the effectiveness of the use of algorithms in Criminal Procedure Law, from the lenses of the Code of Criminal Procedure, Criminal Law, and recommendations of the European Union about Artificial Intelligence. In light of the principles of Criminal Procedure, Artificial Intelligence will be confronted with fundamental guarantees that the Rule of Law ensures to the individual. The disruptive technologies presented in the last decades have generated incessant debate, not only legal-academic, but also in study groups where different skills of knowledge are present. The text is constructed through the research of texts not only from the perspective of Law, but also of Technology and Mathematics. The elaboration of the chapters begins by discussing the answer in the exact sciences, as to whether machines can think, in the next chapter it analyzes the prism of Law and Technology with a focus on algorithmic perception. And brings to the reader an analysis of the conflict of the binary system and the magistrate's decision based on the subjective aspects of the conduct of the author of the action typified as a crime. Although I may at any moment bring to this analysis research carried out in scientific articles and international authors, it will be exclusively with the objective of collaborating in the construction of a clear answer to the reader. Some points will be highlighted, such as understanding the technical nomenclature, current legislation, and studies that point to the relevance of the subject in the face of the principles of Criminal Procedural Law.
Keywords: Algorithms; Artificial Intelligence; Presumption Innocence Principle; Full Defense; Impartiality.