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Category: Technology

  • IA Berna and the Fight Against Abusive Litigation: Innovation at the CNJ through the Justice 4.0 Program

    IA Berna and the Fight Against Abusive Litigation: Innovation at the CNJ through the Justice 4.0 Program

    Reading Time: 3 minutes

    Reading Time: 3 minutes

    IA Berna and the Fight Against Abusive Litigation: Innovation at the CNJ | Justice 4.0

    The Brazilian legal landscape is undergoing an unprecedented transformation with the integration of disruptive technologies into the daily operations of the courts. The National Council of Justice (CNJ), through the “Conecta” webinar, recently presented Berna, a cutting-edge artificial intelligence developed by the Court of Justice of Goiás (TJGO). This tool is not just a technical advancement, but a strategic response to the critical challenge of abusive litigation, which overburdens the judicial system and compromises procedural efficiency throughout the country.

    The Challenge of Abusive Litigation in the Brazilian Judiciary

    Abusive litigation frequently manifests itself through the filing of mass claims, often based on weak or repetitive legal arguments, with the intent of congesting the courts and forcing settlements or favorable decisions by volume. This phenomenon generates an immense operational cost for the State and harms citizens seeking the resolution of legitimate disputes. The introduction of Berna emerges as an institutional defense mechanism, using technology to identify patterns and behaviors that characterize this abuse of the right of action.

    The tool uses Recursive Electronic Search using Natural Language to analyze petitions and processes on a scale humanly impossible. By automating the recognition of these claims, the AI allows the Judiciary to act preventively and assertively, ensuring that public resources and magistrates’ time are directed to where justice is truly needed.

    “Artificial intelligence does not replace human judgment, but enhances it. Tools like Berna are essential to filter out the noise of predatory litigation and allow Justice to focus on its essential mission of social pacification.” – [Source: CNJ] [1]

    Berna’s Architecture: Technology and Efficiency

    Developed with a focus on usability and precision, Berna was designed to be integrated into the workflow of the courts without generating friction. Its main technical capabilities include:

    • Natural Language Processing (NLP): Ability to interpret complex legal texts and identify similar arguments in different processes.
    • Pattern Identification: Mapping recurring behaviors of litigants and lawyers that may indicate abusive practices.
    • Triage Automation: Streamlining the process of classifying claims, reducing the court’s initial response time.
    • Interoperability: Ease of integration with the electronic process systems already existing in the various Brazilian courts.

    The Role of the Justice 4.0 Program and the Conecta Initiative

    The expansion of Berna to all courts in Brazil is a milestone of the Conecta initiative, which is part of the ambitious Justice 4.0 Program. This program, the result of a partnership between the CNJ and the United Nations Development Programme (UNDP), aims to modernize the Judiciary through collaborative innovation. Conecta functions as a technological incubator, where successful solutions created by a local court, such as the TJGO, are improved and shared with the entire national network.

    This “institutional cooperation” approach prevents each court from spending resources developing solutions from scratch for common problems. In addition to Berna, the program has already made other tools available, such as ApoIA, consolidating an intelligence network that strengthens the technological sovereignty of the Brazilian Judiciary.

    Expected Impacts for the Future of Justice

    The large-scale implementation of AIs like Berna promises to transform the dynamics of the courts in the coming years. Among the expected benefits are:

    1. Reduction of the Case Load: Faster identification and resolution of repetitive claims.
    2. Greater Legal Certainty: Standardization of understandings on similar cases identified by the AI.
    3. Resource Optimization: Reduction of operational costs and better allocation of human capital.
    4. Access to Justice: A more agile system directly benefits the average citizen, reducing the waiting time for a judgment.

    Conclusion and Strategic Relevance

    The journey towards Justice 4.0 is a path of no return. The webinar held on March 19, 2026 was not just a technical presentation, but a call to action for all members of the Judiciary to embrace innovation. Berna symbolizes a new era where technology and law go hand in hand to combat abuses and ensure that the scales of justice remain balanced and efficient for all Brazilians.

    References

  • CFM 2.454/2026: The New Legal Framework for AI in Healthcare and its Practical Impacts

    CFM 2.454/2026: The New Legal Framework for AI in Healthcare and its Practical Impacts

    Reading Time: 3 minutes

    CFM Resolution No. 2.454/2026 establishes a watershed moment in Brazilian medicine by regulating the use of Artificial Intelligence in the sector. Doctors, clinics, and hospitals have until August 2026 to adapt their technological structures and governance processes to this new framework, which aims to ensure patient safety and the ethical responsibility of professionals in the face of the advancement of digital tools.

    The Context of CFM Resolution 2.454/2026

    The rapid integration of Artificial Intelligence (AI) systems into clinical practice has brought undeniable benefits but also dangerous regulatory gaps. CFM Resolution 2.454/2026 does not arise in isolation; it is the operational arm of broader legislation, such as the General Data Protection Law (LGPD) and the Legal Framework for AI in Brazil. The objective is to transform generic ethical principles into practical and auditable obligations.

    Before this regulation, there was a gray area about who would be responsible for a diagnostic error suggested by an algorithm. Now, the Federal Council of Medicine makes it clear that technology should serve as support, and never as a substitute for human judgment. For healthcare managers, the rule requires a transition from passive technological adoption to active digital governance.

    The Four Pillars of Compliance in AI in Healthcare

    The new regulation is structured around four fundamental axes that should guide the actions of any healthcare service provider:

    1. Medical Supervision and Human Decision

    This is the central pillar. The resolution strictly prohibits the delegation of critical clinical decisions exclusively to automated systems. The concept of “human-in-the-loop” becomes mandatory. This means that every report, triage, or treatment plan generated by AI must be validated by a duly registered physician, who assumes ethical and legal responsibility for the adopted conduct.

    2. Transparency and Right to Information

    The patient has the right to know when their health is being monitored or evaluated by AI tools. Transparency must be documented in an understandable manner. It is not enough to inform that the system was used; it is necessary to explain clearly the role of technology in the process, respecting the Medical Code of Ethics and the rights of the data subject provided for in the LGPD.

    3. Governance and Traceability of Systems

    Hospitals and clinics must maintain a rigorous inventory of all AI software in use. This includes everything from complex radiology tools to customer service chatbots that use natural language. The institution must be able to prove:

    • The origin and quality of the data that feeds the system;

    • Who is the technical manager responsible for monitoring the tool;

    • What are the specific purposes of each algorithm.

    4. Risk and Incident Management

    Algorithm failures, diagnostic errors due to data bias, or leaks of sensitive information must have immediate response protocols. Risk management needs to be preventive, with periodic audits to identify whether the AI is exhibiting unexpected or discriminatory behaviors.

    Shared Responsibility between Doctors and Institutions

    A crucial point of Resolution 2.454/2026 is the expansion of the responsibility spectrum. It does not only affect the doctor who signs the medical record. Responsibility is now shared with technical directors, technology managers, and hospital administrators.

    “The absence of an internal AI governance policy can be interpreted as institutional negligence, subjecting the entity to sanctions not only from the CFM but also from the ANPD and consumer protection agencies.”

    This implies that contracts with technology providers (IT Vendors) must be reviewed immediately. Liability clauses, service levels (SLA), and transparency about how the algorithm works (the so-called ‘explainability’) become items of legal survival for healthcare providers.

    Step by Step for Implementation by August 2026

    The deadline for adaptation is short given the complexity of the task. An immediate action schedule is recommended:

    1. Inventory Mapping (Gap Analysis): Identify which systems already have AI components, often hidden in legacy management software modules.

    2. Data Audit: Verify that the data processing performed by the AI is in full compliance with the LGPD, ensuring the proper treatment of sensitive data.

    3. Development of the AI Governance Policy: Create an internal regulatory document that defines the limits of technology use in the institution.

    4. Training of the Clinical Staff: Educate physicians about the ethical and legal implications of validating decisions suggested by machines.

    Conclusion

    The arrival of CFM Resolution 2.454/2026 represents the end of the era of unregulated experimentation of AI in Brazilian healthcare. More than a bureaucratic obstacle, this standard should be seen as an opportunity for healthcare institutions to raise their standard of quality and legal certainty.

    August 2026 will be the milestone where non-compliance becomes an unsustainable liability. Investing in specialized legal advice and robust digital governance processes is no longer optional; it is the fundamental requirement for the practice of modern and ethical medicine.