PERSONAL DATA PROTECTION IN THE ERA OF ARTIFICIAL INTELLIGENCE: CONSTITUTIONAL CHALLENGES AND LIMITS IN BRAZIL

Abstract

This study addresses the protection of personal data in the context of Public Administration, considering artificial intelligence, in view of the General Law for the Protection of Personal Data - LGPD 13.709/2018, which ensures the privacy of people's data, as this is a very delicate and complex social factor because it concerns the personal life of each individual. The General Objective of the research is: To analyze the protection of personal data through Artificial Intelligence in the context of Constitutional Law and the Specific Objectives are: To show which are the legal and illegal means that exist to use personal data through artificial intelligence in the context of Constitutional Law; To highlight the importance of the confidentiality of personal data; To contextualize the General Law for the Protection of Personal Data - LGPD 13.709 of 2018; To demonstrate the relevance of Artificial Intelligence - AI as a tool for Constitutional Law. Regarding the methodological aspects, the research in question is of the explanatory, bibliographical and documentary type. A roadmap was drawn up so that the research could be constructed in a cohesive and clear manner, and the following resources guided the composition of the work to carry out this study: Federal Constitution, Books related to Administrative Law, Civil Law, Criminal Law, Civil Code, Criminal Code, Methodological Books, websites on legal topics, theses and dissertations in the field of Law. Therefore, it is understood that personal data is a social factor acquired by Law, because for the justice system, the dissemination of these factors is not just information that we pass on through AI, but data that other people know about our personal, professional and social lives, through information that is provided through Artificial Intelligence without the citizen's authorization, which can become a crime.