O uso da inteligência artificial na persecução penal: riscos à privacidade e garantias fundamentais.

Abstract

This article analyzes the impacts of the use of artificial intelligence in criminal prosecution, focusing on risks to privacy and fundamental rights. The increasing use of automated systems in the justice system has contributed to greater efficiency and speed in investigation and data processing. However, this technological advancement also raises relevant concerns regarding the protection of fundamental rights, especially with regard to privacy, personal data protection, due process of law, adversarial proceedings, and full defense. The study is based on the hypothesis that the application of artificial intelligence, when carried out without clear limits and proper regulation, may lead to violations of these guarantees. To this end, the paper examines the insertion of artificial intelligence in the justice system, its main applications in criminal prosecution, and the risks arising from the use of algorithms, such as opacity and the potential reproduction of discriminatory biases. In addition, it analyzes existing legal instruments in the Brazilian legal system, highlighting the General Data Protection Law, CNJ Resolutions No. 332/2020 and No. 615/2025, and Bill No. 2,338/2023, as well as the need for a specific regulatory framework. It concludes that the use of artificial intelligence must occur in an ethical, responsible, and supervised manner in order to ensure a balance between technological innovation and the protection of fundamental rights.