Automatização da atividade administrativa

: enquadramento jurídico e impactos nas garantias e nos direitos fundamentais dos administrados

Abstract

In recent years, the public administration has announced a major investment in the modernisation of its services, one of the solutions being the automation of several of its activities. In this context, and in the absence of specific legislation on the use of this technology, it was considered necessary to carry out a study dedicated to the legal and administrative framework applicable to automatic decision-making algorithms, as well as to the qualification and regulation of the decisions thus produced, highlighting the impact of these solutions on the structure of the administrative process and on the rights, freedoms and guarantees enjoyed by individuals. To this end, we will first explain the definitions and rules applicable to regulations and administrative acts. This is done in order to understand whether decision-making algorithms (deterministic algorithms) and their results can be deemed to fall within these concepts, and to what extent their legal rules can be implemented in this reality. We will also examine the provisions of the General Data Protection Regulation in relation to automated individual decision-making, as well as the rights and guarantees of individuals in the context of the procedures for the adoption of regulations and administrative acts. We will try to reach a conclusion on how these provisions can be combined and adapted to ensure that the automation of administrative procedures respects human dignity, the rule of law and the rights, freedoms and guarantees of individuals.

Date of Award	5 Jun 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Filipa Calvão (Supervisor)