GENERATIVE ARTIFICIAL INTELLIGENCE AND INCLUSIVE EDUCATION: ETHICAL, PEDAGOGICAL, AND LEGAL CHALLENGES IN ENSURING THE RIGHT TO LEARNING

Abstract

The emergence of generative artificial intelligence has produced profound transformations in contemporary educational systems, particularly with regard to pedagogical practices, the technological mediation of learning, and the redefinition of institutional responsibilities in ensuring the right to education. In the context of inclusive education, these technologies assume strategic relevance by expanding possibilities for personalized instruction, cognitive accessibility, and curricular adaptation for students with specific educational needs. However, alongside these pedagogical opportunities, ethical, legal, and epistemological challenges arise that demand critical reflection and careful regulation. This article analyzes the incorporation of generative artificial intelligence in the field of inclusive education from an interdisciplinary perspective, integrating contributions from pedagogy, technological ethics, and educational law. The central problem guiding this investigation is the following question: in what ways can the use of generative artificial intelligence systems contribute to the realization of the right to learning in inclusive contexts without compromising the ethical, pedagogical, and legal principles that underpin democratic education? Methodologically, this is a qualitative, exploratory study based on a critical bibliographic review of recent scientific literature on artificial intelligence, educational technologies, and inclusion policies. The analysis shows that tools based on generative artificial intelligence have significant potential to support pedagogical adaptation processes, the production of accessible materials, formative feedback, and the development of personalized educational practices. However, risks are also identified, including algorithmic opacity, the reproduction of discriminatory biases, technological dependency, and the weakening of teacher autonomy. From a legal perspective, there is a need to align the use of these technologies with regulatory frameworks that ensure the right to inclusive education, such as Brazilian legislation on special education and international guidelines on data protection and digital ethics. It is concluded that the responsible integration of generative artificial intelligence in inclusive education requires clear public policies, critical teacher training, and the development of ethical principles to guide the implementation of these technologies, ensuring that their use is effectively committed to promoting educational equity and consolidating the right to learning for all students.