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Artificial intelligence on public sector in Portugal: first legal approach

Author

Listed:
  • Ricardo PEDRO

    (Research member of Lisbon Public Law – CIDP; Faculty of Law, Lisbon University, Portugal)

Abstract

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.

Suggested Citation

  • Ricardo PEDRO, 2023. "Artificial intelligence on public sector in Portugal: first legal approach," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 13(2), pages 149-170, June.
    • Handle: RePEc:asr:journl:v:13:y:2023:i:2:p:149-170
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    File URL: https://tribunajuridica.eu/arhiva/An13v2/1.%20Ricardo%20Pedro.pdf
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    More about this item

    Keywords

    artificial intelligence; public law; transparency; reasoning; state liability; Portuguese context.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K24 - Law and Economics - - Regulation and Business Law - - - Cyber Law

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