Ato administrativo nato-digital e o processo administrativo eletrônico: uma proposta de framework para validação da conformidade dos atos administrativos autônomos à legislação vigente

Abstract

This work proposes a solution to guarantee the legal certainty of autonomous electronic administrative acts, using when necessary a process of human review and supervision of decisions taken exclusively on the basis of automated data analysis, guaranteeing access to clear and adequate information, about the requirements used by the algorithms in automated decision-making, without impacting the aspects of speed and efficiency inherent in robotic administrative acts. To this end, a model for evaluating autonomous administrative acts in relation to the conformity of these acts to the requirements of efficiency, transparency, and information security, in addition to the fundamental constitutional principles, is presented, as a way to guarantee the legal certainty of these digital administrative acts in the democratic state of law.