TECHNOLOGY, JURISDICTION AND PROCEDURE: THE USE OF ARTIFICIAL INTELLIGENCE, DATA PROTECTION AND CONSTITUTIONAL GUARANTEES OF DUE PROCESS

Abstract

Objective: This article aims to analyze the impact of technology and Artificial Intelligence (AI) on jurisdiction and judicial proceedings, focusing on constitutional guarantees and personal data protection. It discusses whether the use of algorithms may compromise fundamental rights such as due process, adversarial proceedings, and the right to a fair trial.

Methodology: The research follows a hypothetical-deductive approach, using qualitative methods and bibliographic analysis, based on legal doctrine, legislation, and official documents issued by the National Council of Justice (CNJ).

Results: The study shows that although AI enhances procedural efficiency and accelerates judicial decisions, its unsupervised application can lead to ethical and normative risks, including privacy violations. The protection of personal data, guaranteed by Law No. 13.709/2018 (LGPD), is crucial to safeguard fundamental rights in electronic judicial processes.

Conclusions: It is concluded that Artificial Intelligence should serve as an auxiliary tool rather than replace human judgment. Human intervention is indispensable to ensure constitutional guarantees and promote an ethical and inclusive digital justice system. Responsible use of technology represents a new wave of access to e-Justice, provided it adheres to legal and data protection principles.