A tutela dos direitos fundamentais e a responsabilidade civil pelo dano causado por decisões administrativas automatizadas (IA)

Abstract

In the present times, we are faced with an algorithmic revolution of unprecedented challenges. As a result of the technological advances that we have been witnessing, and the impact it has caused, visible in our daily lives, some questions have arisen regarding the use and application of the various technological systems in the various sectors of society, and Law is no exception. Innovations in the field of information technology, such as Artificial Intelligence systems, have been incorporated into various areas of law. The present thesis aims to critically analyze the impact of its application in the field of Administrative Law, namely its use in administrative decision-making and the vast implications on the protection of fundamental rights. If it is true that the use of AI techniques has been an important contribution to the public machine efficiency, transforming a large amount of data into relevant information, finding patterns, anticipating failures, and optimizing actions, it is expected that the use of these techniques also encompasses complex challenges and concerns, especially regarding those decisions that affect the rights and interest of the citizens. It is, therefore, crucial to make an effort to understand if, and to what extent, we can hold the artificial agents that replace those responsible for making administrative decisions accountable, as well as contemplate who can be liable for the damage that can result from those decisions. We will stick to non-contractual civil liability as it is the one who presents the most doubts, and within it, to the strict liability, because in our understanding is the one that fits the best the emerging demands of the technological risk society in which we live.

Date of Award	25 Sept 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Filipa Calvão (Supervisor)