INTELIGÊNCIA ARTIFICIAL JUDICIAL E EXPLICABILIDADE: AS RAZÕES PÚBLICAS E A JUSTIÇA “EX MACHINA”

The purpose of this article is to analyze the initial aspects of the right to explanability of judicial decisions by artificial intelligence. The proposed solution is the design of a fundamental right of explainability. The right to explainability is based on democratic pluralism arising from public reasons. The research approach was multidisciplinary. The research analyzed the normative acts produced on the subject, theoretical categories of political justice in Rawls' think), and scientific studies on the limits and possibilities of explainability in artificial intelligence. This study based on qualitative research, through exploratory-descriptive analysis about Law and Computer Science. The results demonstrate: the necessary intersection between the theory of justice (approach to public reasons) and the techniques of explainable artificial intelligence (xAI) to guarantee the democratic legitimacy of judicial AI systems; and the definition of a fundamental right to explanability of the judicial decision by AI. Therefore, Artificial Intelligence to support the court decision (human-machine hybrid thinking) works with limitations imposed by technology. Thus, the explicability of legal AI needs to be recognized as a right. This will enable plurality and justice in society.