ARTIFICIAL INTELLIGENCE IN THE JUDICIARY AND THE RISKS TO CONSTITUTIONAL EQUALITY: AN ANALYSIS OF ALGORITHMIC DISCRIMINATION

Abstract

The incorporation of Artificial Intelligence (AI) into the Judiciary represents one of the most significant contemporary transformations in the delivery of justice, bringing relevant gains in efficiency, speed, and procedural management. However, this technological advancement raises important concerns regarding the preservation of fundamental rights, especially the principle of constitutional equality. In this context, this study aims to analyze how the use of AI in the Judiciary may generate risks to equality, with emphasis on algorithmic discrimination. Methodologically, this is a qualitative, exploratory, and descriptive study, developed through bibliographic review and documentary analysis, based on legal works, scientific articles, and constitutional norms. The results indicate that, although AI contributes to the efficiency of the justice system, its use may reproduce structural biases present in data, leading to indirect discrimination and compromising substantive equality. Challenges related to algorithmic opacity, lack of transparency, and effective implementation of specific regulation were also identified. It is concluded that the adoption of AI in the Judiciary must be accompanied by clear legal limits, human oversight, transparency, and ethical parameters to ensure compatibility between technological innovation and the principles of the Democratic Rule of Law.