Lawbot e a entificação no processo judicial: os desafios da advocacia e da sociedade em rede na era da inteligência artificial

• Ano de defesa: 2020
• Autor(a) principal: Guedes, Vitalínio Lannes
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Santa Maria; Brasil; Direito; UFSM; Programa de Pós-Graduação em Direito; Centro de Ciências Sociais e Humanas
• Palavras-chave em Português: Advocacia; Advogado-robô; Entificação; Processo judicial; Sociedade em rede; Advocacy; Entification; Judicial process; Network society; Robot lawyer; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://repositorio.ufsm.br/handle/1/23073

In view of the evolution of society and law, a brief historical account of technological innovations is made, through the analogy of the industrial revolution with the development of the Web, until it reaches the current Internet of things. Based on this, the phenomenon of robotization in the network society and in advocacy was investigated. The verification of the emergence of lawyer-robots is shown to be necessary, since through its artificial intelligence, it aims to emulate human intelligence, so that one must understand the challenges that these machines impose on the advocacy of tomorrow. For this reason, we started with the study of the famous work “Ser e Tempo” to justify the research problem that is proposed to verify to what extent the entification in the judicial process challenges the advocacy in the era of artificial intelligence. Facing the seduction of advocacy by classical objectivist metaphysics, which designates things based on a pre-ordered conception, this dissertation goes back to the attachment that modern lawyers have for objectivism, relegating to hermeneutic understanding. For this reason, the goal was to understand how advocacy, in front of the robot's artificial intelligence, may continue to exist. Therefore, in the first chapter, we sought to briefly report the history of law from its beginnings to the conception of the robot lawyer. In addition, it referred to the challenges that the evolution of technology imposes on the network society, in the face of the Big Data universe and the internet of things. At this point, it highlights how artificial intelligence can help or harm social relationships. In the second chapter, it was about the attachment of the human lawyer to objectivism, which is verified with the use of lawbots in law firms. In order to face this matter of entification of the lawbots on judicial processes, the heideggerian conception of entification was used and how the author breaks with the metaphysics of Aristotle and Descartes. For this reason, the procedures of bibliographic and documentary research were allied with the hermeneutic-phenomenological approach, in order of carrying out a transdisciplinary and theoretical study with regard to the object of the research, through the doctrinal study, in books and scientific articles from different areas of knowledge, especially jurists, philosophers, sociologists and hermeneuts . Therefore, Martin Heidegger's Hermeneutics-Ontology and Lenio Streck's Hermeneutic Criticism of Law are adopted as the basic theory, in addition to Ernildo Stein, reader and student of the german philosopher who helps to clarify, in the course of the present work, several of its concepts. Through these hermeneuts accrue the theoretical basis that possibly justifies the proposed research problem, in order to carry out a verification of the need for hermeneutic understanding in a networked society, facing the entification of the robot-lawyer in the judicial process.