Jurimetrics. Statistics and the importance of predicting behavior in the law

Abstract

Brazilian law goes through a strong identity crisis. The traditional prevalence of isolationist methodologies, which distance reality from theoretical study, is seen as ineffective by those subject to jurisdiction, given that the context of exponential technological growth requires legal studies that accompany the accelerated pace of society. In this scenario, the multidisciplinary analysis of Law favored the development of a quantitative bias that became known as Jurimetrics. The collection of data from the statistical study would be able to bring numerical conclusions translated into percentages. This exchange of information has instilled in some scientists bold questions, based on the possibility of predicting legal behavior. To discuss the term "prediction", the present article introduces the philosophical theory called pragmatic probability, which has been used in the development of artificial intelligence, provided by paraconsistent inductive logic. The result of probabilistic studies in Law, using advanced software, directly reflects the creation of the institute named preventive advocacy, characterized by creative legal strategies that analyze the scenario in an anticipated and precise way in order to conduct decision-making and avoid potentially conflicting situations for the client.