BRAZIL Law and Practice Contributed by: Eduardo Perazza, Glaucia Coelho, Débora Chaves Martines Fernandes and Agnes Domingues, Machado Meyer
10.2 Impact Brazil has experienced a significant impact of artifi- cial intelligence in the field of dispute resolution. This impact manifests itself on two main fronts: the grow- ing use of AI tools by lawyers and law firms, and the increasingly broad adoption of these technologies by the judiciary itself. On the side of legal professionals, the use of artifi- cial intelligence has grown substantially in recent years. Lawyers have turned to AI-based tools for tasks ranging from case law research and analysis of large volumes of documents to drafting and formu- lating litigation strategies. This adoption has enabled more efficient and data-driven practice, changing the dynamics of litigation in the country. Within the courts, the transformation is equally sig- nificant. The Brazilian judiciary has consistently invested in the digitisation of proceedings and the incorporation of artificial intelligence solutions to address one of its greatest challenges: the extraordinary volume of judi- cial demands. Superior courts, such as the STF and the STJ, use AI systems to classify cases and identify repetitive claims, enabling faster and more uniform treatment of issues that recur in thousands of actions. Furthermore, AI tools are already employed for draft- ing initial versions of judicial decisions, always subject to review and approval by the responsible judges. The result is a dispute resolution system that is progres- sively becoming more organised, agile and capable of absorbing the high workload that characterises Brazil- ian litigation.
10.3 Future Looking to the future, the trend is toward a deeper integration between artificial intelligence and judicial activity. In a brief retrospective, the Brazilian judiciary has already followed a significant path: it moved from the digitisation of case files and the implementation of electronic proceedings to the adoption of auto- mated triage systems, AI-based subject-matter clas- sification, and assistance in drafting decisions in less complex cases. This trajectory points to a scenario in which the courts will become even more efficient at fil- tering and adjudicating standardised cases, where the facts and legal issues follow recognisable patterns. This evolution, however, brings with it an important challenge. As artificial intelligence becomes estab- lished as a tool for handling repetitive and standard- ised cases, the question arises as to how the system will deal with complex litigation – those cases that, by their very nature, do not fit into predefined mod- els. Disputes involving intricate factual issues, inno- vative legal theories, or multiple layers of regulatory complexity require an analysis that goes beyond what automated patterns are able to capture. The challenge facing both lawyers and the courts is to ensure that the increased standardisation enabled by AI does not compromise the quality of analysis and adjudication in cases that demand a more individualised and in-depth examination. Finding this balance will likely be one of the central issues in the evolution of the Brazilian justice system in the coming years.
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