Impactos dos crimes cibernéticos e os riscos da inteligência artificial: os pilares do direito na proteção dos dados sensíveis

Abstract

This dissertation is the result of research carried out in the Master's Degree in Law at the Federal University of Bahia and aimed to analyze the protection of sensitive data of the population under the principle of human dignity. It aimed to analyze insurgent vulnerabilities with the increase in cybercrime and artificial intelligence, in the dynamics of this newborn 21st century. Such vulnerabilities led to the questioning of which pillars should be considered in the construction of law, for the protection of sensitive data and people's humanity, in the face of the impacts of cybercrime and risks of artificial intelligence. To answer this premise, the work was structured in five parts, presenting in the introduction the methodological aspects and the relevance of empowering society, instrumentalized by knowledge about technological innovations; in the first chapter, he wove about the vulnerability and resignification of sensitive data as an object of economic value, in the face of the technological revolution that leads to digital superconnectivity; in the second chapter, the fundamentals of the constitutional right to the protection of sensitive data and the right to privacy were praised, under the theory of neoconstitutionalism, aiming at a better understanding of the prima facie character of the principle of human dignity; in the third chapter, the impacts of cyber crimes at the national and global level were explained; in the fourth chapter, the main risks of artificial intelligence for sensitive data and people's humanity were presented, reflecting the need for effective regulation; and in the fifth chapter, reflection on the ethical, anti-discriminatory and humanitarian pillars to be considered in the formation of Law, to regulate new technologies. Finally, it was considered essential to create ethical, multicultural and robust technical guidelines on artificial intelligence, with investments in research and the creation of a permanent technical observatory, which enables the inclusive and humanitarian development of these innovations, submitted in a linked manner, to the maximum expression of social protection.