"Ela, administração": o efetivo direito à explicação na tomada de decisões pela inteligência artificial na administração pública

Abstract

Technology has become part of human life every second of the day: from the time you wake up, from the moment you are typing or even reading that work, to when you are not thinking or rationalizing, technology can track your sleep, control the temperature, sound or lighting in your environment. In this context and following the social dynamics, the Public Administration began to understand that it is not possible to provide a public service without the use of technology. This fact was further aggravated by the social isolation imposed by the COVID-19 pandemic. Given that administrative action must be understood and controlled, this new reality requires an analysis of how Artificial Inteligence is used in the Brazilian Public Administration, with the study of how this technology works, the main concepts of administrative acts and their correlation in the administrative process, as well as the analysis, with the presentation of examples, of its incidence, discovering the benefits and problems of its use. In methodological terms, the research proved to be explanatory, with an analysis of books and periodicals in which the term Artificial Intelligence, the right to explanation and electronic administrative process were prioritized. It was concluded that the world of law and technology can be better converged, although, at first glance, they appear to be totally different. It was noticed that most of the legal research is done in the area only of the judicial process, forgetting, many times, the administrative scope, even when there is a good part of Organs public agencies using this technology.