There is a natural tendency for lawyers to search for solutions to new problems in existing institutes. The consequence is that these tactics are almost never successful – notably when the impasses to which the Law is called to resolve come from the so-called disruptive technologies. Even though Law, as a regulatory instrument for relations in society, is obliged to act in this environment, new technologies require a proper and adequate reading, since they do not fit into the traditional legal categories. Given this scenario, it is necessary to rethink the economic regulation that is linked to the territorial aspect, since globalization has already evidenced the crisis of the state model. However, the current gap between norm and reality brings three challenges (our barriers) that regulators must overcome in order to have an efficient regulation of new technologies: a (i) regulatory connection, (ii) pacing problem; and (iii) Collingridge's dilemma.
In Brazil, the right to health, a fundamental right of all and duty of the State, can be accomplished through both public and private means. The Brazilian Unified Health System (SUS) is the public structure responsible for realizing this right, serving about 75% of the population. It is a complex, decentralized and hierarchized system, with its own principles and guidelines.The objective of the lecture is to approach to what extent SUS has incorporated technological mechanisms into its services and actions for health promotion, protection and recovery. Topics such as TeleSUS, an ecosystem created to inform, track, and monitor patients with Covid-19; use of telemedicine; adequacy of the National Health Data Network (RNDS) to the recent general data protection law (LGPD); among other topics, will be addressed.
The objective of this work is to analyze the regulatory function from the perspective of sustainable national development, intertwining the notion of the regulatory quality or “Smart regulation”, and its instruments, specifically the Regulatory Impact Analysis (AIR) carried out with the support of artificial intelligence (AI). The methodology adopted was deductive, descriptive, and comparative, combined with the research technique of indirect documentation of bibliographic and normative references. In the end, it is concluded that the use of artificial intelligence in the field of Regulatory Impact Analysis is viable and desirable to increase regulatory improvements and contribute to sustainable national development, considering the compatibility between the two and their ability to provide a more regulatory decision. technical and effective.
The digital transformation of public administration in Brazil gained a new chapter with the edition of law n.˚ 14.129/2021. Besides the necessity of a new regulation, the law fails in important aspects, missing a great opportunity to put Brazil in the digital rationality. Apart from the innovation, there is nothing new, neither in the instruments, nor even less in the objectives listed in the proposal. On the contrary, the scope of the norm shows the tendency of a misstep in the Brazilian digital transformation. Hence, to reduce digital government to efficiency is to greatly reduce the power of a digital government. The recently published law does not fix the gaps observed, and until it does, Brazil will only materialize – at best – the procedural aspect of digital government.
The contemporary brings the urgent need of the State transposed to the digital environment- a kind of Siri or Alexa judging administrative requests – is compatible with the Rule of Law? Is it so the indirect use of the same applications, such as digital assistants? Is the fact that there is a human signing, giving a certain varnish of humanity enough to remove any addiction to a certain action performed by an unregulated figure? The existing regulations for public officials are able to provide answers as to the problems inherent in the use of these tools? Is it necessary to set limits on the use of automation tools? The research focuses on the attempt to find a theoretical conception that better describes the use of relatively independent technological agents in the scope of Public Administration, proposing a semantic agreement to designate software that uses artificial intelligence as one of its constitutive technologies: the idea of a synthetic public agent.