A prova pericial no âmbito do direito processual civil sob a perspectiva do direito fundamental à prova : meios adequados de validação e da (im)possibilidade de realização mediante uso de inteligência artificial

• Ano de defesa: 2021
• Autor(a) principal: Ferraro, Felipe Waquil
• Orientador(a): Reichelt, Luis Alberto
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Escola de Direito
• País: Brasil
• Palavras-chave em Português: Processo Civil; Direitos Fundamentais; Direito Probatório; Prova Pericial; Inteligência Artificial (IA)
• Palavras-chave em Inglês: Civil Procedure; Fundamental Rights; Evidence Law; Expert Witness; Artificial Intelligence (AI)
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://tede2.pucrs.br/tede2/handle/tede/9698

The influence of technology in our daily lives is overwhelming, we are hostages to the internet, smartphones, gadgets, etc. In this sense, the world is experimenting with new technologies in an exponential growth. Thus, when more knowledge and advances more progresses and, therefore, always the speed in which new situations (good or bad) are observed, is increasing. And all these changes that we witness today, consequently, are reflected in the legal world. It happens, that the law does not always manage to evolve at the same speed as modern society, however, if this way it does not minimally advance, it will become innocuous, dysfunctional and ineffective for the coming demands, since it is not up to the law to ignore reality. In this sense, it is necessary to deepen the study of expert evidence, due to the influence that technology has on it, since it is eminently technical or scientific. Therefore, if technique or science advances, the logical consequence is that expert evidence also advances. However, it is necessary that the law also proceed at the same speed to allow this evidence to be properly carried out, seeking a fair and appropriate decision for the parties. However, it is necessary to take into account that the human being is a flawed being, it is a being that makes mistakes, but at the same time it is a being that has all the potentialities, ranging from the most perverse instincts to the most sublime possibilities. The problem in the expert evidence is exactly at the moment when the human being is capable of inappropriate attitudes, of what is minimally expected, with the intention of obtaining success in a demand at any cost. In this concern, coming from modern society, the means of control of the evidence, aim to avoid such distortions. It happens that the evolution of technology will not always correspond immediately to the evolution in the legal system. Therefore, if by itself, the study of our legal system, especially the probationary system, already requires a great deal of deepening in the matter, involving long study days, by linking the institute of artificial intelligence, it makes the work even more complex. And, in this sense, when understanding that the evolution of science and techniques for expert evidence can be extremely useful, they will also be objects of people with biased ideologies. Why, as stated, controls are fundamental, however, would not the insertion of artificial intelligence (AI) in the expert evidence contribute to the process, for a more effective, swift, just jurisdiction and without the biases inherent to human beings? The search for the introduction of AI in the process, will be the solution to the problems that face today, or it will be just another passing idea in the legal system. And between failures and successes, in the end, simply a better jurisdictional provision is sought, through an effective, swift and appropriate decision.