IMPACTS OF AUTOMATIC DENIAL ON THE GRANTING OF BENEFITS AT THE ADMINISTRATIVE SCOPE: ANALYSIS OF THE EFFECTS OF ARTIFICIAL INTELLIGENCE IN SOCIAL SECURITY JUDICIALIZATION

Abstract

that normally require human intelligence. Due to its growth, it has been used in several areas of Law, such as Social Security Law. In this sense, this research delves particularly into automatic denials, one of the inconveniences that emerged after the adoption of AI in social security. This research aimed to analyze the possible administrative losses caused to policyholders by the implementation of Artificial Intelligence in social security judicialization in the analysis of the granting of benefits at an administrative level. The methodology was based on a bibliographical review, supported by scientific articles, books, jurisprudence and current legislation. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2018 to 2024. The results showed that automated decisions can ignore specific nuances and contexts that a human evaluator would consider, leading to inappropriate or unfair decisions. Likewise, AI may deny requests without considering exceptional circumstances or personal emergencies that may justify a special grant of benefits. Ensuring transparency, fairness and the possibility of human review are fundamental to ensuring that policyholders' rights are protected. The adoption of AI must be accompanied by a robust regulatory framework and governance mechanisms to continuously monitor and adjust the algorithms and processes used.