A obrigatoriedade do uso de inteligência artificial pela administração pública: em busca de um desenho regulatório eficiente

Abstract

This dissertation deals with the mandatory hiring of Artificial Intelligence (AI) by the Public Administration, considering technological advances and their legal, economic, ethical and political implications. Throughout the work, we sought to demonstrate that the introduction of AI in the public sector transcends the field of technological innovations, revealing itself as a necessity imposed by the constitutional principles that govern Public Administration, with emphasis on the principle of efficiency. Initially, a historical and conceptual overview of the evolution of AI is outlined, with the aim of contextualizing the impact of this technology on the public sector. Next, the compatibility of AI implementation with constitutional principles is analyzed, especially the principles of morality, impersonality, adaptability and supremacy of the public interest. The dissertation also addresses the ethical and legal challenges involving the use of automated algorithms, highlighting the importance of a regulatory framework that ensures transparency and control over automated decisions. In the economic field, the benefits that AI can bring to Public Administration are discussed, both in terms of cost reduction and increased efficiency. The impacts of AI on administrative transparency, accountability and the fight against corruption are also explored. Despite operational challenges, such as the need for employee training and cultural resistance, it is argued that the mandatory adoption of AI by Public Administration is an inevitable and constitutionally necessary step. In conclusion, the obligation of AI in public management is a demand imposed by the very principles that govern the Brazilian State, and its implementation is essential to guarantee a more modern, efficient and responsive administration to the needs of society. Therefore, the acceptance and imposition of the use of AI in Public Administration is not just a technological trend, but a constitutional and ethical requirement, which aims to optimize public management for the benefit of the collective interest.