Inteligência artificial e governança: apontamentos para uma abordagem ética, responsável e orientada ao interesse nacional

Abstract

Generative artificial intelligence constitutes a disruptive general-purpose technological tool. While its continuous development brings the promise of great advantages, it also carries significant associated risks. These risks constitute complex problems, veritable wicked problems. This raises the challenge of reconciling the need for technological innovation with the protection of citizens' rights and guarantees. The research concludes that this challenge can be overcome through the construction of a networked governance system, grounded in the constitutional principles of the economic order, in which the State, as metagovernor, performs the important task of coordinating the other actors within the network. The universe of these actors is broad, encompassing state agents, such as the ANPD (National Data Protection Authority) and the MCTI (Ministry of Science, Technology and Innovation), and non-state agents, such as Big Techs, certification companies, and organized civil society entities. In order to direct the network and foster the vertical and horizontal exchange of information, the State relies on its authority, central position, organization, and financial resources (nodality, authority, treasure, and organization - NATO) and has at its disposal both binding rules (hard law) and non-binding rules (soft law). Well-managed ethical and technical-operational criteria, capable of putting theoretical frameworks into practice, complete the circuit. The conjunction of governance, the Economic Constitution, and the national interest as an operational legal concept is the best way to address the challenge posed by generative artificial intelligence, to govern it, and to ensure that technological innovation and national development do not occur at the expense of the individual rights and guarantees of Brazilian citizens, nor turn the country into a data colony.