Algorithmic governmentality, judicial power and biopolitical control of subjectivations

Abstract

This article presents the potential for normative change resulting from the introduction of new algorithmic technologies into the Judiciary for the production of judicial decisions. This phenomenon is characterized as an algorithmic governmentality that impacts institutions and produces new knowledge, originating from strategic powers that reduce diverse possibilities of subjectivation. In this sense, the article's objective is to analyze the possibility of normative change through the algorithmic biopolitical process of conduct control. The objectives are to present the concept of algorithmic governmentality as a new social order, indicate the possibility of forming a new normativity arising from algorithmic tools, identify its problems in the process of cooling subjectivations, and, finally, analyze this normativity applied to the judicial function based on new technologies. By surveying the bibliography that corresponds to the categories analyzed here and by applying the deductive method, we come to the conclusion that the new algorithmic normativity harms the plural and democratic jurisdictional function, because it transforms it into a space that does not allow for dialogue and the construction, by the parties involved, of other possible forms of life.