The digitalization of the State has ceased to be a futuristic promise and has become a concrete reality of contemporary public administration. Digital platforms, automated services, massive databases, and artificial intelligence systems have become integrated into the daily routine of public power, redefining how public policies are formulated, implemented, and evaluated. In this scenario, the so-called digital government emerges as a strategic axis for administrative modernization, state efficiency, and increased citizen access to public services.

However, the incorporation of digital technologies in the public sector is not without risks. The use of artificial intelligence (AI) in administrative decision-making processes, the automation of public policies, and the massive processing of personal data raise sensitive legal issues related to legality, transparency, the protection of fundamental rights, and state accountability. Innovation, when dissociated from adequate regulatory frameworks, can deepen inequalities, reproduce discriminatory biases, and weaken constitutional guarantees.

This article analyzes the phenomenon of digital government and the use of artificial intelligence in the Brazilian public sector, from a legal and institutional perspective. It seeks to examine the legal foundations of the digital transformation of the State, the limits imposed by the legal system, and the ethical and regulatory challenges that emerge from the adoption of automated technologies in public management.

1. Digital government and the transformation of public administration

The concept of digital government refers to the strategic use of information and communication technologies to improve the delivery of public services, increase administrative efficiency, and strengthen government transparency. Unlike the simple computerization of processes, digital government presupposes institutional reengineering, systems integration, and a citizen-centered approach.

In Brazil, the digital transformation of public administration gained momentum with the enactment of Law No. 14.129/2021, known as the Digital Government Law. This normative instrument establishes principles, rules, and instruments for the digitization of public services, prioritizing system interoperability, procedure simplification, and bureaucracy reduction.

The adoption of digital government directly aligns with constitutional principles of public administration, such as efficiency, transparency, and cost-effectiveness, as outlined in Article 37 of the Federal Constitution. By facilitating citizen access to state services and reducing operational costs, digitalization can contribute to the effectiveness of fundamental rights and the streamlining of the public sector.

2. Artificial intelligence in the public sector: uses and potential.

Artificial intelligence has begun to be used by the public sector in various areas, such as data analysis, automation of administrative processes, fraud detection, public policy management, and even decision support. Algorithms capable of processing large volumes of information offer significant potential for gains in efficiency and accuracy.

In the context of public administration, AI can assist in resource allocation, monitoring of social policies, tax management, and the provision of personalized services to citizens. These applications promise greater decisional efficiency and responsiveness from the State to complex demands.

However, the use of automated systems does not eliminate the need for human control. On the contrary, it increases the responsibility of public managers, who must ensure that AI-assisted decisions comply with legality, public purpose, and fundamental rights. In this sense, technology should be a support tool, not a substitute for administrative responsibility.

3. Legal limits: legality, transparency and control

The adoption of artificial intelligence by the public sector faces clear limits in the Brazilian legal system. The principle of administrative legality requires that all state action be previously authorized by law, which extends to the use of automated technologies. Decision-making systems based on algorithms must be supported by clear and transparent regulations.

Transparency plays a central role in this context. The so-called "algorithmic opacity" (the difficulty in understanding how automated systems arrive at certain decisions) represents a significant challenge to the publicity of administrative acts and to social control. Citizens have the right to understand the criteria that impact decisions affecting their legal sphere.

Furthermore, administrative, judicial, and social oversight must be preserved. The use of AI cannot create zones of institutional irresponsibility. Automated decisions must be auditable, subject to review, and subject to the same control mechanisms applicable to traditional administrative acts.

4. Data protection, fundamental rights and responsible innovation

Digital government operates on large volumes of data, much of it personal and sensitive. In this context, the General Data Protection Law (Law No. 13.709/2018) imposes specific obligations on public authorities, requiring adequate, proportionate, and secure treatment of citizens' information.

Beyond data protection, the use of AI raises concerns about the reproduction of discriminatory biases. Algorithms trained on biased databases can reinforce racial, social, and economic inequalities, contradicting constitutional principles of equality and human dignity.

Preventing these risks requires prior impact assessment, robust data governance, and multidisciplinary participation in the development of technological solutions. The responsible use of AI in the public sector presupposes an ethical, legal, and institutional commitment to the protection of fundamental rights.

Innovation in the public sector should be guided by the concept of responsible innovation, which reconciles technological advancement with democratic values. This implies strategic planning, training of public servants, social participation, and continuous evaluation of the impacts of the technologies adopted.

Digital public governance involves a clear definition of responsibilities, accountability mechanisms, and integration between government bodies and levels of government. A lack of coordination can lead to fragmentation, legal uncertainty, and a loss of public trust.

In this sense, technological innovation should be understood as a means to improve state action, and not as an end in itself. The success of digital government depends on the ability to align technology, law, and the public interest.

Conclusion

The advancement of digital government and artificial intelligence in the public sector represents a significant opportunity for administrative modernization and the strengthening of public policies. However, these benefits will only materialize if accompanied by solid legal frameworks, transparent governance, and a commitment to fundamental rights.

Technological innovation does not eliminate the State's responsibility; on the contrary, it increases the need for control, ethics, and legality. The contemporary challenge lies in building a digital government model that is efficient, inclusive, and legally responsible.

Ultimately, technology should serve democracy and citizenship, not replace them. In this context, the law plays a central role in guiding and limiting the use of digital tools by public authorities.

References

BRAZIL. Constitution of the Federative Republic of Brazil of 1988.
BRAZIL. Law No. 14.129, of March 29, 2021. Provides for principles, rules and instruments for Digital Government.
BRAZIL. Law No. 13.709, of August 14, 2018. General Law on the Protection of Personal Data.
National Data Protection Agency (ANPD). Guide to good practices for the public sector.
BARROSO, Luís Roberto. Course on contemporary constitutional law. São Paulo: Saraiva.
MENDES, Gilmar Ferreira; BRANCO, Paulo Gustavo Gonet. Course on Constitutional Law. São Paulo: Saraiva.
FLORIDI, Luciano. The ethics of artificial intelligence. Oxford: Oxford University Press.