Due process and Artificial Intelligence: beginning of a new perspective in civil procedure decisions

Abstract

The research approaches the growing impact of artificial intelligence (AI) on society, specially on the judicial system, and its influence on the principle of due process of law. The adopted methodology involves a literature review to collect and analyze information, allowing an immersion in the existing literature about the theme. The general objective is to analyze, through this methodological approach, the impact of AI in the civil process, focusing on implications for due process of law. The study seeks to understand how the adoption of AI is modeling the administration of justice and explore the potential changes on court decisions, ensuring the respect to the principles of due process of law. It is highlighted that this principle, fundamental in the legal system, ensures unbiased treatment to all parties involved in a legal dispute, historically administered by human procedures. Nevertheless, technological progress raises questions about how AI may impact the application of this principle and the balance between efficiency and fairness. The study examines the intersection between the due process of law and AI, addressing its benefits, challenges and ethical implications in judicial decision-making. Given the growing role of AI in the legal sphere, it’s crucial to analyze its potential to model the future of justice and the central concept of due process of law.