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Poder judiciário e inovação: os princípios da eficiência e da celeridade no uso da inteligência artificial na Justiça Federal da Seção Judiciária do Estado do Maranhão

Tue, 05 Aug 2025 00:00:00 GMT

Título: Poder judiciário e inovação: os princípios da eficiência e da celeridade no uso da inteligência artificial na Justiça Federal da Seção Judiciária do Estado do Maranhão Autor: ALVES, Wiane Joany Batalha Primeiro orientador: CARVALHO, Márcia Haydée Porto de Abstract: This study aims to analyze the implementation of artificial intelligence (AI) in the Federal Court of the Judicial Section of the State of Maranhão (SJMA), with the main focus on investigating the application of the constitutional principles of speed and efficiency, taking as a basis the time lapse between 2013 (pre-AI period) and 2023 (post-AI period). The study questioned the extent to which the adoption of artificial intelligence tools has contributed to the promotion of the constitutional principles of efficiency and speed in the Federal Court of the Judicial Section of the State of Maranhão. To this end, it was initially necessary to describe the historical context of the evolution of artificial intelligence, seeking to highlight its preliminary concepts and notions, as well as the way in which it was implemented in the Brazilian Judiciary. Next, we sought to understand the constitutional principles of efficiency and speed, observing their alignment with the use of artificial intelligence in the judicial system. Finally, we analyzed the implementation of artificial intelligence and the innovations promoted by the Federal Court in the Judicial Section of the State of Maranhão. To this end, we used the inductive approach method, the legal descriptive and legal-diagnostic procedure method, in addition to documentary, bibliographic and quantitative research techniques. The hypothesis that the integration of the artificial intelligence (AI) tool in the Federal Court of the Judicial Section of the State of Maranhão contributes to the realization of the constitutional principles of speed and efficiency was partially confirmed. The hypothesis that the integration of the artificial intelligence (AI) tool in the Federal Court of the Judicial Section of the State of Maranhão contributes to the realization of the constitutional principles of speed and efficiency was confirmed. Instituição: Universidade Federal do Maranhão Tipo do documento: Dissertação

“A função social dos imóveis públicos desafetados: é possível superar o enunciado 619 da súmula de jurisprudência do Superior Tribunal de Justiça?”

Fri, 12 Jun 2026 00:00:00 GMT

Título: “A função social dos imóveis públicos desafetados: é possível superar o enunciado 619 da súmula de jurisprudência do Superior Tribunal de Justiça?” Autor: MAGALHÃES NETO, Georgiano Rodrigues Primeiro orientador: RAMOS NETO , Newton Pereira Abstract: This dissertation critically analyzes the understanding consolidated by the Brazilian Superior Court of Justice in n.º 619 of its Jurisprudential Summary, according to which the unlawful occupation of public property constitutes mere detention, thereby excluding, under any circumstances, the recognition of possession and its legal effects. The research aims to identify the rationes decidendi of the precedents that gave rise to the aforementioned summary and their dogmatic foundations, in light of the system of precedents established by the Brazilian Code of Civil Procedure of 2015. Based on an individual analysis of eighteen special appeals decided between 2004 and 2016, the study demonstrates that the summarized understanding is essentially structured upon two premises: the impossibility of exercising possession over public property due to the constitutional prohibition of adverse possession, and the classification of any occupation lacking prior governmental consent as mere detention. The dissertation engages with contemporary theories of possession and with the constitutional principle of the social function of property, defending the conceptual autonomy of possession in relation to ownership and the need for a functional interpretation of possessory relations. With regard to public domain property that has been decommissioned and lacks a specific public purpose, it is argued that the recognition of possession exercised by private individuals is feasible, even in the absence of prior governmental authorization. This, in turn, entails the possibility of compensation for improvements and accessions, in light of the paradigm shift imposed upon Administrative Law by the Federal Constitution of 1988. Finally, the dissertation proposes the partial overruling of the summarized understanding. Instituição: Universidade Federal do Maranhão Tipo do documento: Dissertação

Mediação sanitária, equidade e eficácia: uma análise do Centro de Mediação de Saúde Pública da Comarca da Ilha de São Luís/MA

Fri, 29 May 2026 00:00:00 GMT

Título: Mediação sanitária, equidade e eficácia: uma análise do Centro de Mediação de Saúde Pública da Comarca da Ilha de São Luís/MA Autor: BARBOSA, José Aristóbulo Caldas Fiquene Primeiro orientador: RAMOS, Edith Maria Barbosa Abstract: The dissertation analyzes health mediation as an instrument for the dejudicialization of healthcare, based on the study of the Public Health Mediation Center of the District of São Luís/MA, from 2021 to 2024, within the field of Law and Institutions of the Justice System, and linked to the research line on the Dynamics and Effectiveness of Justice System Institutions. It starts from the problem of the growing judicialization of healthcare, a phenomenon that reveals both the pursuit of the realization of the fundamental right to health and the structural weaknesses of public policies and state management, resulting in an overload of the Judiciary, distributive distortions, and impacts on budget planning. The general objective is to assess the effectiveness of the aforementioned center as a mechanism for dejudicialization, considering its capacity to promote equitable solutions and expand access to justice. The specific objectives include analyzing mediation as an access mechanism, understanding the institutional functioning of the center, and evaluating its results in light of equity. The research adopts the capability approach as its theoretical framework, articulated with access to justice theory, emphasizing the overcoming of structural barriers to the exercise of rights. Methodologically, it employs an inductive approach, applying socio-legal critical and legal-diagnostic methods, as well as a quantitative technique based on the collection and analysis of institutional data related to the operation of the Public Health Mediation Center, particularly indicators of productivity, resolution rates, and the financial volume of agreements reached during the analyzed period. The results show a high resolution rate in the extrajudicial sphere, indicating a strong capacity of the model to prevent judicialization and resolve conflicts before litigation arises, while also demonstrating that mediations conducted within the judicial sphere concentrate a significant volume of financial resources, revealing that the instrument also plays a relevant role in the economic management of already judicialized demands. The data indicate a positive impact on reducing litigation and rationalizing the handling of healthcare demands, although structural limitations remain, particularly regarding integration with public policies and the sustainability of the model. It is concluded that there is room for improvement and refinement of the model; however, despite the identified limitations, the Public Health Mediation Center constitutes an effective instrument for dejudicialization and for expanding access to justice in healthcare matters, contributing to the efficacy of the right to health by combining high extrajudicial resolution rates with the capacity to handle economically sensitive disputes within the judicial sphere. Instituição: Universidade Federal do Maranhão Tipo do documento: Dissertação

O uso da inteligência artificial (ia) para elaboração de minutas de sentença em processos dos Juizados Especiais Federais do Maranhão: estudo comparativo de qualidade, sob a perspectiva de Robert Alexy, em distintos cenários de utilização

Tue, 16 Jun 2026 00:00:00 GMT

Título: O uso da inteligência artificial (ia) para elaboração de minutas de sentença em processos dos Juizados Especiais Federais do Maranhão: estudo comparativo de qualidade, sob a perspectiva de Robert Alexy, em distintos cenários de utilização Autor: OLIVEIRA NETO, Valdemar Gomes de Primeiro orientador: BEZERRA, Eudes Vitor Abstract: This dissertation empirically investigates the argumentative quality of sentences drafted by generative artificial intelligence compared with human judgments in the Federal Small Claims Courts of the Maranhão Judicial Section (JEFs/SJMA). The experimental design compares, case by case, the original human judgment with three synthetic sentences generated by Gemini 2.5 Pro across three scenarios: Free (open prompt), Directed (outcome indicated), and Controlled (structured report and normatively anchored prompt). The stratified sample comprises 300 cases covering banking civil liability, continued benefit for the elderly (BPC-I), and continued benefit for persons with disabilities (BPC-PCD). The 1,200 sentences were submitted to triple independent coding by a blind human evaluator, Claude Opus 4.5, and GPT-4.5, under an Alexy-derived six-dimension rubric (D1–D6), totaling 3,600 codings. Friedman, Wilcoxon, and Bonferroni tests demonstrate that AI-generated sentences present greater textual conformity with the D1–D6 rubric standards than human sentences, with very high statistical significance and very large effect size (Friedman χ²(3) > 308; p < 10⁻⁶⁶), with an identical hierarchy across all three independent evaluators: free > directed > controlled > human. The correlation between the human evaluator and Claude Opus 4.5 (r = 0.936) provides robust evidence of instrument calibration. The largest differences concentrate in D3 (empirical external justification) and D5 (argumentative saturation), the dimensions most frequently weakened in mass litigation under Article 489, §1, of the Brazilian Civil Procedure Code. In the banking stratum (n=18), the human sentence outperforms the Directed and Controlled scenarios across all evaluators; the Free scenario, however, surpasses the human sentence in two of three evaluators, a finding that prevents generalizing human advantage in principiological matters to all AI modes. The automated verification workflow confirms 75.5% of suspicious marks in human sentences as real material inaccuracies (209/277), a pattern consistent with reused boilerplate judgments. The dissertation concludes that the integration of generative AI into mass litigation adjudication is empirically sustainable, provided it operates through protocols differentiated by argumentative complexity, namely controlled mode for rule-based and evidentiary matters and open or auxiliary mode for principiological matters, with qualified human review as a necessary and non-waivable condition. Keywords: Instituição: Universidade Federal do Maranhão Tipo do documento: Dissertação