Reformulations to the Theory of Human and Fundamental Rights based on Artificial Intelligence

Abstract

Artificial intelligence (AI) has configured an evident impact on the epistemological and methodological perspective of weighing the general theory of law, beginning with the general theory of human and fundamental rights, accentuated by the problem of the rapid development of these applications, of how answers are presented in the formulation of different referents, instruments and rules of world order that necessarily warn of the transformation in the way of interpreting and applying the aforementioned system of rights, in scenarios as fundamental as human dignity, equality, free development of personality, privacy, education and due process, among others. Parallel to this process, the emergence of so-called neurorights has been proposed for some time, understood as those intended to protect people from the possible dangers of the effects caused by neurotechnologies; the latter is equated with any tool or technique capable of manipulating, recording, measuring and obtaining information from the brain. In this context, this article proposes a systematic bibliographic review of a qualitative, exploratory and descriptive nature, with the aim of identifying the main trends and dynamics that argue for the transformation of the fundamental law of this kind of privilege and recognition in terms of their effective and unified recognition, taking into account that legal interpretation from the epistemological context of the social and legal sciences will be instituted in the following decades as the most important challenge of international and globalized justice, particularly when we do not find ourselves in the presence of an administration of justice based and profiled in Artificial Intelligence. Realities that require legal, ethical and socio-political responses in terms of safeguarding and protecting people.