Between automation and artificial intelligence

the role of the national council of justice in the technological regulation of the Brazilian Judiciary

Abstract

The growing presence of digital technologies within the Brazilian Judiciary has sparked debates concerning the nature, limitations, and potential of computational systems in the administration of justice. Among these developments, the integration of tools identified as artificial intelligence (AI) stands out. Although promising, such usage often lacks clear conceptual and technical boundaries, particularly when AI is conflated with automation mechanisms. This article aims to critically examine the use of technologies classified as AI in Brazilian courts, with special attention to the distinction between genuinely intelligent systems and responsive automated solutions. A qualitative and exploratory approach is adopted, based on document analysis of the study Uso de Inteligência Artificial no Poder Judiciário – 2023, conducted by the Justiça 4.0 Program in partnership with the United Nations Development Programme (UNDP). The methodology also includes a bibliographic review of theoretical and normative works addressing the evolution of AI and its application in law. The study concludes by highlighting the central role of the Conselho Nacional de Justiça (CNJ) as a regulatory and driving force of digital transformation in the Judiciary, while also noting that most AI tools currently in use remain automated in nature, with low levels of autonomy and limited adaptive capacity. The analysis of the aforementioned study contributes to a deeper understanding of the actual stage of technological development within the Brazilian Judiciary.