Edwin Manuel Villarreal Espinoza
DOI: https: //doi.org.10.59427/rcli/2026/v26cs.068-076
The purpose of this study was to establish the relationship between the government’s use of artificial intelligence and the protection of fundamental rights from a constitutional perspective. To this end, a quantitative study was conducted, employing a non-experimental, correlational design. The population consisted of professionals in the legal and administrative fields, who were administered a structured questionnaire using a Likert-type scale. The data were analyzed using Spearman’s Rho coefficient, revealing positive and significant relationships between the variables analyzed. Specifically, a correlation of 0.623 (p = 0.001) was found between the use of artificial intelligence and the protection of fundamental rights. In addition, a relationship was identified between the level of implementation of artificial intelligence and the perception of risk (ρ = 0.571; p = 0.003), between the adequacy of the constitutional framework and the legitimacy of its use (ρ = 0.602; p = 0.000), as well as between and the guarantee of rights (ρ = 0.739; p = 0.000). Consequently, it was concluded that the use of artificial intelligence in state action substantially influences the protection of fundamental rights, making it necessary to have constitutional criteria and an adequate regulatory framework to ensure its legitimate application.
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