Nuove tecnologie, diritti e modelli di regolamentazione. L'Intelligenza Artificiale come nuova frontiera per il diritto costituzionale

The aim of this thesis is to analyse the impact of Artificial Intelligence on the legal dimension and in particular on the principles and categories of contemporary constitutionalism. Artificial Intelligence, one of the most important and revolutionary innovations of the present time, shows profiles of particular interest about the consequences and the legal challenges determined by its application within the decision-making dimension.The use of Artificial Intelligence in this context envisages, in fact, the elaboration of a decision that can be guided by technology, if the intervention of Artificial Intelligence is such as to direct the decision-making process towards opportunities of greater protection and promotion of the interests of the persons involved, but which, at the same time, may instead be disoriented, where the use of this technology involves disadvantages such as to seriously affect the rights and freedoms of individuals. The analysis of the consequences produced regarding the principles of transparency, equality and self-determination will lead to an examination of the legal effects of this technology in two specific areas: the medical field and the judicial field. In this way, it will be possible to examine in concrete terms the impact produced by Artificial Intelligence in the constitutional context that regulates, on the one hand, the regulation of the care relationship and, on the other, the exercise of the judicial function, bringing out the benefits and risks associated with the use of these systems. In an attempt to understand which normative elements can guarantee an effective and concrete balancing of the constitutional values involved in the use of this technology, the current normative perspectives regarding the Artificial Intelligence will be outlined, reconstructing, according to a comparative perspective, which are the potential models of discipline achievable in the matter of Artificial Intelligence.