DIREITO, NOVAS TECNOLOGIAS E O BIG DATA: DESAFIOS ÉTICOS NA UTILIZAÇÃO DA INTELIGÊNCIA ARTIFICIAL

Artificial Intelligence (AI) has emerged as a transformative force in contemporary society, permeating various aspects of daily life and playing a crucial role in the so-called "Fourth Industrial Revolution." This revolution, characterized by the fusion of digital, physical, and biological technologies, promises to reshape the way we live, work, and interact. However, this rapid technological acceleration is not without significant challenges and concerns. The swift expansion of AI carries the potential to infringe upon fundamental rights, exacerbate social inequalities, and perpetuate biases.Big Data refers to the vast volume and diversity of data collected, stored, and processed by public and private entities, posing a significant risk of violating the fundamental right to data protection, which was incorporated into the Brazilian Federal Constitution through Constitutional Amendment No. 115/2022 and is enshrined in Article 5, item LXXIX. Furthermore, the interaction between artificial intelligence, Big Data, and algorithms reveals a tendency toward discriminatory biases that influence critical decisions, from credit systems to criminal justice. The lack of adequate regulation may result in discrimination and injustices, compromising individual rights and exacerbating preexisting disparities.It is imperative that the legal system keeps pace with this technological evolution by establishing robust ethical standards that ensure the fair and equitable application of AI. In the legal field, AI is increasingly used, from contract drafting automation to assisting in complex judicial decisions. However, the implementation of these technologies must be accompanied by stringent transparency and accountability mechanisms, particularly within the criminal justice system, where errors can have devastating consequences for individuals and communities. To mitigate these challenges, a continuous dialogue among legislators, legal professionals, and technology experts is essential to develop policies that protect fundamental rights, promote justice, and ensure fairness. Ethics must be at the core of these discussions, ensuring that AI algorithms are designed and deployed in a manner that prevents discrimination and upholds universal human rights principles.