A inteligência artificial e a proteção dos direitos fundamentais à privacidade e à autonomia da vontade por efeito da automação de tarefas na aplicação do Direito

Abstract

This research examines how artificial intelligence (AI) is becoming increasingly embedded in social life and in the legal system. It explores the ontological, hermeneutic, and teleological foundations of AI and their relationship with fundamental rights, informed by Jacques Maritain’s integral humanism. The study traces the historical and technical development of AI, outlining its main phases, models, and agents, and analyzes how algorithmic functioning and structural bias can lead to harmful outcomes such as behavioral surveillance, fake news, and a deepening epistemic crisis. It argues that a robust legal framework is necessary to ensure that AI operates as a tool grounded in prevailing constitutional values rather than as a substitute for human judgment. To support an ethical and balanced integration of AI, the research proposes guidelines for the constitutionalization of the subject and an interdisciplinary response aimed at safeguarding fundamental rights under the overarching principle of human dignity.