Indispensability (or dispensability) of a legal framework and administrative regulation for the use of AI in Brazil: An analysis based on National Council of Justice's Resolution No. 332

Artificial Intelligence (AI) is a reality in the legal routine of several decision-making areas in Brazil. The Judiciary is one of them. The adoption of AI systems has become frequent and has fostered debates about its limits and possibilities, especially regulations. With this, it is relevant to research the (in)dispensation of AI regulation in the Judiciary, with an administrative or a legal regulation, especially after the publication of National Council of Justice's Resolution No. 332/2020. For this, the present work attempted a bibliographic research on the theme, covering scientific articles and legal and normative texts. In the end, it was understood that in a technological, global and risky society, like the current one, the regulatory intention should not be limiting, but be made up of (mandatory) parameters, under penalty of the law remaining hermetic to the possibilities that especially the use of AI can imply. The presence of AI systems in the decision-making area of the Judiciary is essential, but an attempt to regulate their manifestations in an exhaustive manner is essential. The conclusions also understood that an administrative regulation is better.