The National Justice Council (CNJ) of Brazil approved new regulations governing the use of artificial intelligence (AI) within the judiciary during its first Extraordinary Session of 2025, held on February 18. This move marks a significant step toward establishing comprehensive guidelines to address the rapid advancements in technology and promote responsible innovation within the legal system.
According to Minister Luís Roberto Barroso, who leads both the CNJ and the Supreme Federal Court (STF), the new regulatory framework, identified as Ato Normativo 0000563-47.2025.2.00.0000, seeks to update the existing guidelines stemming from Resolution CNJ n. 332/2020. "This resolution reflects the democratic nature of its construction, incorporating suggestions from various societal segments and extensively debated among councilors," Barroso stated.
The aim of these updated guidelines is to facilitate the proper utilization of AI technology across Brazilian courts. The CNJ's initiative is not just about keeping pace with technological advancements; it’s also about fostering a culture of innovation backed by ethical standards. By introducing these regulations, the CNJ intends to establish clear directives to mitigate risks, protect personal data, and guarantee human oversight when employing AI tools.
Among the features of the new regulations is the emphasis on transparency concerning automated decisions. The guidelines mandate the classification of AI systems according to their risk levels—categorized as either low or high. This approach intends to allow for informed decision-making by both legal professionals and the public, ensuring oversight and accountability within the judicial process.
Another important aspect of the new regulatory framework requires regular audits of AI systems used within the judiciary. Such audits are envisioned as mechanisms to uphold the integrity and functionality of these technologies, ensuring they align with ethical standards and legal requirements.
To steer the implementation and continued advancement of these regulations, the CNJ has instituted the National AI Committee. This committee will oversee adherence to the newly established guidelines and facilitate updates to remain compatible with technological evolution and observational standards set by international bodies.
Barroso pointed out the value of collaborative efforts involved in crafting the regulations, noting the extensive public consultations and participation from various stakeholders. This engaged approach emphasizes the importance of societal input when defining how technologies like AI should interact with legal processes.
The new AI regulations will take effect 120 days following their publication, offering time for any necessary amendments or updates. This timeline aims to provide sufficient opportunity for judiciary entities to assess their current practices and integrate the upcoming requirements effectively.
Overall, the CNJ's proactive approach to AI regulations highlights Brazil's commitment to utilizing cutting-edge technology within the judicial system responsibly. By ensuring ethical practices, transparency, and adherence to international standards, the CNJ is paving the way for the future of legal technology.