TEORÍA GENERAL DE LOS DERECHOS FUNDAMENTALES E INTELIGENCIA ARTIFICIAL: UNA APROXIMACIÓN

Abstract

There is a growing scholarly literature on the analysis of
how artificial intelligence (AI) affects, in a positive or negative sense, the exercise
of specific fundamental rights. This paper will focus on something that
has been paid far less attention: the connection between the AI and the general
theory of fundamental rights, that is, between AI and the concept of fundamental
right, the delimitation and limitation of its object and content, its ownership
and effectiveness, its suspension, as well as its guarantees. All this aims at giving
legal and not merely ethical answers to the challenges posed by AI.