O impacto da inteligência artificial no ato administrativo

Abstract

This dissertation deals with the impact of artificial intelligence – in terms of intelligent self-learning systems and artificial neural networks – on the Portuguese administrative law, namely in its most typical form: the administrative act. Therefore, it leads to reflection around the decision-making element, one of the main elements that constructs the administrative act. As a manifestation of will, the administrative act today faces the challenge of becoming truly automated, therefore electronic, without ceasing to be a manifestation of the voluntary will of an administrative body, necessarily embodied by human beings, therefore endowed with legal personality and capacity. Therefore, we consider the possibility of there being administrative acts, namely discretionary administrative acts, entirely produced using artificial intelligence and without human intervention. Even so, it confronts intelligent systems with general administrative principles such as legality and transparency, worrying about the possibility that these intelligent systems produce legal effects, despite being true black boxes in terms of how they learned and concluded the solutions presented, with this being a crucial element for the legitimacy of administrative activity in today’s world. It emphasizes the need to adapt the regulatory framework to a truly electronic administrative activity and suggests a new form of objective responsibility for administrations in the context of an electronic administrative due procedure, thus aligning itself with the principle of responsibility. Overall, advocate a proactive legal framework to ensure justice and the pursuit of the public interest in a constantly evolving landscape of law, in an increasingly digital world.

Date of Award	15 May 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Filipa Calvão (Supervisor)