CRIMINALIZATION OF THE MISUSE OF ARTIFICIAL INTELLIGENCE: LEGAL CHALLENGES AND IMPACTS ON CRIMINAL RESPONSIBILITY

Abstract

This article analyzes how artificial intelligence can replicate discrimination and other rights violations in the context of criminal prosecution. The research adopts a dialectical approach, utilizing indirect documentation as a collection technique, with an emphasis on bibliographic sources. The main conclusion highlights that, contrary to claims that automated decisions are more objective, consistent, and neutral, reality shows that decisions guided by systems simulating human behavior can amplify rights violations. The study’s primary contribution lies in emphasizing the importance of ensuring that the development, application, and use of artificial intelligence or any algorithm take place in an environment committed to respecting and promoting human rights.