Mandado de segurança contra ato administrativo algorítmico: uma análise da autoridade coatora diante da automação dos atos administrativos praticados pelo Poder público

The writ of mandamus constitutes a constitutional action that aims to limit state power. It turns out that, with the introduction of Artificial Intelligence systems within the public sector, the Administration's expression of will has suffered significant changes. If previously the violation of fundamental rights was carried out through a physically considered public agent, today the same illegality or abuse of power can arise from an algorithmic administrative act. The general objective of this work is to investigate whether Artificial Intelligence systems can be equated to public authority and appear as a coercer in a writ of mandamus. And, if so, who should be this “authority” for purposes of filing the mandamus. To this end, in view of the proposed inquiries, the bibliographical research method was used, especially the classical doctrine and the legislative instruments themselves relating to the commandmental rite. When considering the novelty affected to the topic and the scarcity of academic productions, this work has the mission of being a starting point to serve as a stimulus for the evolution and adaptation of the writ of mandamus and its maintenance as an effective procedural instrument in combating illegalities and abuses of power. In the end, it was concluded that it is not acceptable to consider that the difficulty in identifying the coercive authority constitutes a barrier to access to justice and that the inclusion of “algorithmic people” as authorities does not seem to present insurmountable obstacles. On the contrary, it represents a necessary evolution to align the legal system with the technological transformations that permeate public administration. ; O mandado de segurança constitui uma ação de índole constitucional que tem por escopo limitar o poder estatal. Ocorre que, com a introdução de sistemas de Inteligência Artificial no âmbito do poder público, a manifestação de vontade da Administração sofreu significativas mudanças. Se antes a violação a direitos fundamentais era exercida por ...