
based decision-making but ignoring some contextual
factors.
Recent advances have pointed out on interdisci-
plinary innovations, for instance, NLP and Bench-
marking (Chalkidis et al., 2023), with LexGLUE
dataset standardizing legal NLP tasks; and topics as
ethical risks (Sourdin, 2021), such as the ethical con-
cerns about replacing judges with algorithms; biases
and hallucinations in automatic judicial decision mak-
ing ((Medvedeva et al., 2020): how evaluates biases
in AI predictions of human rights cases, and explain-
ability (how adapt AI for different legal systems).
In recent years, several projects have been sug-
gested to study how technology can be used in courts.
One of these projects is called ADELE. The ADELE
project tried to create a plan for using technology
to understand legal data. It focused on court deci-
sions to help analyze and process legal data more
effectively. The main goals were to enhance legal
data analysis, improve accessibility to case law in-
sights, and provide a structured approach to inter-
preting judicial decisions in these domains. The ap-
proaches applied were Natural Language Processing
(NLP) and machine learning (ML) to analyze court
decisions in Italian and Bulgarian case law, focus-
ing on Intellectual Property Rights (IPR) and Value
Added Tax (VAT). Key methods included text prepro-
cessing, named entity recognition (NER), and topic
modeling to extract legal concepts, classify cases, and
identify patterns. The project also utilized predictive
analytics and knowledge graphs to map legal relation-
ships and precedents, enabling structured analysis of
judicial decisions.
While these approaches offer valuable insights for
legal practitioners and policymakers, challenges re-
main, such as ensuring algorithmic transparency and
addressing biases in training data. Nevertheless, the
integration of computational methods into judicial
analysis represents a significant evolution in legal re-
search, bridging traditional doctrinal analysis with
data-driven forecasting.
As regards the legal nature of judicial decision,
its definition varies across legal traditions, for in-
stance, in Legal Positivism theory, a judicial decision
is ”the application of pre-existing rules to facts, de-
riving authority from the legal system’s hierarchy of
norms.” (Hart, 1961); in Legal Realism theory, ju-
dicial decisions are influenced by contextual factors
(e.g., judge’s worldview, societal values) beyond for-
mal rules (Fuller, 1958); in Legal Interpretivism, de-
cisions encompass principles (e.g., justice, fairness)
alongside rules, constructing a coherent moral nar-
rative (Dworkin, 1977), just to cite some legal doc-
trines.These theories reveal tensions between rule-
bound formalism and discretionary judgment, shap-
ing computational modeling attempts.
The Brazilian penal legal system is grounded in a
combination of legal theories (e.g., legal positivism,
social-critical critiques) that shape its substantive (Di-
reito Penal) and procedural (Direito Processual Penal)
dimensions. In this work, the scope of the Brazilian
theory of judicial decisions was limited to sentences,
which are a final court ruling that resolves the merits
of a case. Interlocutory decisions or provisional orders
were excluded from the scope.
A Judicial Sentence is issued by a competent
judge, who articulates the factual and legal basis for
the ruling. In terms of communicative acts, judicial
sentences are a subtype of institutional acts (Searle,
1995; Austin, 1975), i.e., an act requiring objective
and subjective validity conditions. Under the Brazilian
Code of Criminal Procedure (C
´
odigo de Processo Pe-
nal – CPP, Art. 381 to 383), to be considered as a valid
judicial sentence (sentenc¸a penal) must be signed and
dated, and necessarily containing 1) the identification
of all parties involved in the case, including their full
names or, when such information is unavailable, any
other details sufficient to establish their identity; 2)
must present a concise description (aka relat
´
orio) of
both the prosecution’s accusations and the defense’s
arguments, outlining the key claims and counterargu-
ments that frame the legal dispute; 3) the legal reason-
ing (aka fundamentac¸
˜
ao), which is the factual analy-
sis, the subsumption of the fact to the criminal type
(analyzing materiality, culpability, legal grounds). For
example, the defendant’s nocturnal entry into the vic-
tim’s property, captured on CCTV, satisfies the aggra-
vator of ’night-time’ under Art. 155, §4º.”; 4) the
dispositive part (aka dispositivo), containing the final
ruling, a clear decision on conviction or acquittal, the
penalty in case of convicted, and, in some cases, civil
liability. Also, there are some differences between
criminal type definitions as shown in Table 1.
The legal definitions and treatment of theft, rob-
bery, and drug trafficking reveal significant differ-
ences between Brazil’s civil law system and the United
States’ common law tradition. These distinctions re-
flect broader variations in legal philosophy, legislative
structure, and societal priorities.
In Brazil, simple theft is defined under Article 155
of the Penal Code as the unlawful taking of movable
property without consent and without violence, car-
rying a penalty of one to four years imprisonment.
The U.S. approach, guided by state statutes and the
Model Penal Code, focuses instead on the value of
stolen goods, distinguishing between petty theft (mi-
nor offenses) and grand theft (more serious crimes),
with penalties varying accordingly. Brazilian law fur-
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