Potential AI contributions in legal claims for medicines concession

Abstract

The objective of the article is to contribute to the debate on the potentialities of the use of artificial intelligence in the judiciary, specifically in lawsuits involving the granting of medicines. In the current context of increasing the activation of justice by citizens who require access to health goods and services from the state, it is interesting to reflect on the adoption of technologies in the field of the right to health. The problem that guided the construction of the work was as follows: If the use of medication is proven to reduce suffering and avoid worsening of the clinical picture of the applicant, is it possible to think that subjective data (intuitions, empathy, feelings and projections of the magistrates) can influence the formation of a value judgment as to the assessment of the request? The methodology was based on the survey, bibliographic and documentary analysis of jurisprudential and interdisciplinary in the areas of Law, Psychology and AI. For the purposes of methodological clipping and considering the limits of the nature of the work, only high-cost drugs were considered to compose the analysis of the study. The selected searches has indicated a significant number of favorable judgments based on personal convictions and without clinical subsidies-diagnoses that would prove health needs. It is concluded that in a possible adoption of artificial intelligences in the field covered by this work is complementary to human, integrating the advantages offered by technologies with what is most human – emotions.