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https://hdl.handle.net/10316/108833
Title: | Corporate Internal Investigations 4.0: on the criminal procedural aspects of applying artificial intelligence in the reactive corporate compliance | Authors: | Januário, Túlio Felippe Xavier | Keywords: | Corporate criminal law; compliance; internal investigations; artificial intelligence; Criminal procedure | Issue Date: | Aug-2023 | Project: | This investigation was carried out within the scope of the project entitled "Autoria e responsabilidade em crimes cometidos através de sistemas de inteligência artificial", funded by the "Fundação para a Ciência e a Tecnologia - FCT" (2020.08615.BD). | Serial title, monograph or event: | Revista Brasileira de Direito Processual Penal | Volume: | 9 | Issue: | 2 | Place of publication or event: | Porto Alegre | Abstract: | The aim of the present paper is to analyze the criminal procedural implications of applying artificial intelligence systems in the context of internal investigations. More specifically, we will seek to answer the following questions: how can AI be used in these procedures and which are its legal boundaries? In case of effective use of this technology, how can it, in a future criminal proceeding, affect the admissibility and valuation of elements of information derived from internal investigations? In order to address these questions, we will apply the deductive methodology with a review of European and Brazilian legislation, doctrine and jurisprudence. At the end of the paper, we will demonstrate the limits to be observed for the processing of data and the use of AI in the scope of internal investigations, as well as the requirements and limits of sharing the information obtained from them with criminal proceedings. | URI: | https://hdl.handle.net/10316/108833 | ISSN: | 2525-510X | DOI: | 10.22197/rbdpp.v9i2.837 | Rights: | openAccess |
Appears in Collections: | FDUC- Artigos em Revistas Internacionais |
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