O software julgador da inteligência artificial: A crítica hermenêutica da discricionariedade em tempos de idolatria à técnica

The research addressed the idea of judgmental software, as a replacement for human judgements, through a hermeneutic critique approach. For this purpose, it dealt with issues involving discretion in the context of the network society and the influence of technology. The investigated problem relates to possibilities of legal hermeneutics regarding the validity of a decision taken by the judgmental software, mediated by artificial intelligence (AI) and considering the way in which the technique takes place in the network society. For the development, it investigated the judging in the hyperconnected society and the intersections of the technology upon it, taking into account Information and Communication Technologies. The research studied artificial intelligence and the relationship between discretion and technology in the construction of judging software through a hermeneutic-legal perspective. The research adopted a hermeneutic-phenomenological approach, investigating AI and the facticity of the lifeworld in the face of the network society. With this, it sought to formulate understandings for the legal validity of the decisions of the judging software. Thus, a relationship was made with discretion, emanating from the paradigm of the philosophy of consciousness, and the influence of technique. The conclusion is that the validity of the decision comes from the impossibility of the judge to act in a discretionary way, away from the chain romance that consists of the law. Therefore, the decision rendered by the judging software is devoid of validity since the correct response is not predetermined.