This type of analysis, made with the help of Artificial Intelligence, materializes the fusion of programming with mathematics, with massive use of statistics applied to algorithms developed in languages that favor the application of complex calculations from large volumes of data and variables.
The purpose of a predictive analysis is to predict or anticipate future events based on the occurrence history. The basic proposition of predictive analysis is that practically all observable phenomena can be predicted, considering that there is a mass of representative data and specialists leading the technical development (data engineers and scientists) and the business direction.
In Justice, the most fundamental question in the legal environment concerns what will be the outcome of a given process: proceeding or dismissed? Based on the recognition of the historical standards of a judge’s rulling, and having extracted and classified the elements of the legal reasoning of the author(s) and defendant(s), as well as the objects of action and specificities of each project – if it involves the elderly, if there was a request for free justice, among others – and considering that there is a logic behind the decisions of the magistrate, it makes complete sense to predict its outcome. It makes sense, even, to indicate the thesis and legal argumentation to be used by parties who are most likely to maximize the possibility of gain or minimize loss.
The AI allows greater predictability of decisions, which guarantees the parties and the judge, symmetry of information and taking rational actions. If a company knows that a magistrate has a history of convictions for moral damages when a certain fact has been proven by the author of a suit, and that this process takes about 15 months until its closure, and that the magistrate’s sentence is hardly reformed in the second instance; it is logical and rational for the company to seek an agreement with the plaintiff at the beginning of the proceedings at a conciliation hearing.
There are already companies, law firms and magistrates that have solutions that indicate the probability of gain/loss of proceedings, forecasting the duration of any procedural process (how long until the summons, until the hearing, until the judgment, until the judgment of the appeal) and suggestion of what to do: Propose an agreement in conciliation? Propose an agreement after an unfavorable sentence in the first degree? To resort? What legal arguments to use?