INTELIGÊNCIA ARTIFICIAL NA SAÚDE E O PRINCÍPIO DA PRECAUÇÃO

Abstract

Artificial Intelligence (AI) is a technology that involves the fusion of data, algorithms, and computational power to replicate human intelligence. It offers an approach to innovative medical care focused on prevention and personalization. However, despite the numerous benefits of implementing AI in healthcare, it is crucial to adopt a critical perspective regarding the potential challenges associated with it. The World Health Organization (WHO) has sought convergence to guide governments and other international entities in the use of AI in health. In this context, based on general ethical principles for AI development and the incorporation of elements from bioethics and current health regulations, the WHO has listed six key principles for regulating AI systems in healthcare: autonomy, non-maleficence/beneficence, transparency, accountability, equity, and responsiveness/sustainability. A bibliographic analysis of the ethical challenges encountered in the practical use of AI in healthcare demonstrates that the principles defined by the WHO may not be sufficient for adequate protection of health, life, and autonomy. The research question examines whether it is necessary to review the principles applicable to AI in health as prescribed by the WHO. The hypothesis is that the ethical challenges identified by the doctrine suggest considering the application of the precautionary principle as a guiding line for measures and practices to be adopted in order to defend the fundamental rights of patients. The first part of the study will address new technologies, AI in health, and the legal principles that should be applied to this use. The second part will discuss the main ethical challenges of using AI in healthcare. The third part will explore the precautionary principle in this scenario. The research methodology is theoretical, descriptive, and exploratory, involving bibliographic analysis and legislative texts.