O LEGAL DESIGN COMO FORMA DE DESENVIESAMENTO (DEBIASING)

Abstract

The purpose of the work in question is to analyze the possibility of applying Legal Design as a tool for mitigating/combating cognitive bias and heuristics, that is, as a tool for debiasing. For this relation, the article starts to conceptualize Legal Design and specifically presented elements: User Experience Design, Design Thinking and Visual Law. For this relationship, we began by conceptualizing Legal Design and the elements that constitute it were presented: User Experience Design, Design Thinking and Visual Law. Next, Daniel Kahneman's concept of the 2 mental systems that relate to how the mind processes information was explored, conceptualizing them as ideas of cognitive bias and heuristics, addressing some of his classifications to better elucidate how these errors of cognition work. Next, the idea of debiasing was related to changing the way information is presented with the idea of the contradictory principle being a form of dialogue between the parties and the judge, thus having the idea of procedural cooperation. Finally, it was concluded that, despite the scarcity of work related to the topic, this can be of paramount importance for the development of legal activities in the procedural sphere.