Algorithmic Governance in the Judiciary: AI and Data Protection Challenges in CNJ Resolution nº. 615/2025

Abstract

The incorporation of artificial intelligence (AI) systems into the Brazilian Judiciary introduces new regulatory challenges regarding the protection of personal data, especially in light of the increasing use of algorithmic solutions in judicial decision-making. The enactment of CNJ Resolution No. 615/2025 represents a significant step toward regulating the ethical and transparent use of AI within the judicial system, grounded in the principles established by the General Data Protection Law (LGPD). This article offers a critical analysis of the Resolution’s content and limitations, assessing its alignment with the LGPD, its normative gaps, and the risks stemming from the absence of robust and binding technical frameworks. Based on qualitative research and an inductive approach, the study explores the tension between technological innovation and fundamental rights, highlighting the need for effective algorithmic governance. The conclusion underscores that, despite the progress in recognizing the centrality of data protection, the effectiveness of the Resolution will depend on its concrete implementation by the courts and the development of an institutional culture committed to information security, accountability, and the fundamental rights of individuals under judicial protection.