Pode o 'juiz natural' ser uma máquina?

Autor: João Paulo Kulczynski Forster, José Eduardo Aidikaitis Previdelli, Daniella Bitencourt
Rok vydání: 2018
Předmět:
Zdroj: Revista de Direitos e Garantias Fundamentais. 19:181-200
ISSN: 2175-6058
DOI: 10.18759/rdgf.v19i3.1631
Popis: From the fundamental right to the due process of law, diverse procedural fundamental rights arise, such as the natural judge. The analysis of the figure of the judge from this procedural right, as well as the law itself, undergoes the influence of the 4.0 Revolution, whose striking feature is to penetrate in every pore of society. The technological innovations that are beginning to present themselves in the global perspective have profound impacts on the judicial activity of lawyers and judges. The research limits itself to the impact of such revolution in the field of law, more specifically in procedural law, in relation to the figure of the judge. The article was elaborated according to the inductive method, searching for the limits imposed, by the fundamental right to the natural judge, to the use of robots in the jurisdictional activity. The study enables the conclusion that, although the technology presents tools to aid the jurisdictional activity, the right to the natural judge imposes limitations to the adoption of the figure of the robot-judge.
Databáze: OpenAIRE