O uso da inteligência artificial (IA) no monitoramento das ligações em estabelecimentos prisionais

Abstract

This paper conducts an in-depth analysis of the legal feasibility and regulatory necessity of using Artificial Intelligence (AI) to monitor telephone communications in Brazilian prisons. In light of the chronic crisis in the prison system, marked by overcrowding and the growing influence of criminal organizations, technology emerges as a promising tool for optimizing security, management, and resocialization. However, its application raises serious legal questions, especially due to the absence of a specific legislative framework in Brazil that balances public safety with the fundamental rights of prisoners. The objective of this research is to defend the thesis that the application of AI for monitoring in the prison environment is consistent with constitutional principles, provided that it is subject to strict control of proportionality, transparency, and necessity. To enrich the discussion, the research was based on an analysis of the national legal system, domestic jurisprudence, and a comparative case study with the legal model of the United States, which treats prisoner communication as a privilege. The main conclusions indicate that the implementation of AI, if guided by a specific legal framework, independent audits, and mandatory human review for high-impact decisions, can reconcile technological innovation with respect for the values of the democratic rule of law.