Risk and Danger in the Introduction of Algorithms to Courts: A Comparative Framework Between EU and Brazil

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Abstract

In a context where public debate regarding technological advances has the potential to deeply impact the functioning of courts of law, both academics and practitioners regularly employ the concept of risk, which has a prominent role in both academic discourse and regulation attempts regarding this matter. Through a qualitative content analysis of the European Ethical Charter on the use of Artificial Intelligence in judicial systems and their environments, as well as the Brazilian Resolution n. 223/2020 of the National Council of Justice, which address the same issue, I compare the EU normative responses to the possibility of introducing algorithms to Courts to their heavily inspired Brazilian counterparts, especially highlighting the commonalities on how risk is communicated about through the documents.
Original languageEnglish
JournalOñati Socio-Legal Series
Number of pages22
ISSN2079-5971
DOIs
Publication statusPublished - 18 Jan 2024

Bibliographical note

Epub ahead of print. Published online: 18-01-2024.

Keywords

  • Risk
  • Algorithms
  • Court management
  • Systems theory

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