Regulation of Artificial Intelligence in the European Union ethical framework, risk classification and possible consequences in medicine

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Alexandre Rocha Almeida de Moraes
Andressa Felix Lisboa

Abstract

Contextualization: The European Union's regulation of artificial intelligence seeks to establish a clear framework for classifying risks associated with these systems, covering categories of minimal, limited, high, and unacceptable risk. Problem: The central issue lies in ensuring that these systems do not compromise the safety and fundamental rights of individuals. On the other hand, excessive regulation, in addition to hindering technological development in fields such as medicine in some parts of the West, may become ineffective in the face of the competitiveness of major world powers. Objectives: This study aims to describe the risk classification methodology and the ethical principles guiding the implementation of a reliable artificial intelligence model. Methods: A documentary narrative review of the European regulation was used, with qualitative analysis to identify and categorize the specific requirements for each level of Artificial Intelligence risk, comparing the advantages and disadvantages of the technological revolution in medicine. Results: Artificial Intelligence systems classified as minimal risk, such as spam filters, are considered safe and do not require close supervision. High-risk systems, such as Artificial Intelligence for medical diagnosis, require strict compliance with ethical and safety standards, due to the potential impact on human life. In any case, given the potential technological advances in medicine and people's health, the ethical question arises of assessing how much legal regulation can delay new discoveries for individual and collective health. Final considerations: The final considerations indicate that the regulatory proposal significantly contributes to building a security model, but as long as this regulation is not global, it may be ineffective or even hinder scientific development in areas such as medicine.

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Author Biographies

Alexandre Rocha Almeida de Moraes, Universidade Santa Cecília

Public Prosecutor of the Public Prosecutor's Office of the State of São Paulo. Master's and Doctorate in Law from the Pontifical Catholic University of São Paulo. He is a professor of undergraduate and postgraduate courses at PUC/SP and UNISANTA. Professor of the Master's Degree in Health Law (UNISANTA), professor of several postgraduate courses, including the Higher School of the Public Prosecutor's Office of São Paulo and the Paulista School of Magistracy. Author of legal works, including Criminal Law: General Part (Forum), Criminal Law of the Enemy and Rational Criminal Law (Editora Juruá) and Criminology (Juspodvum).

Andressa Felix Lisboa, Universidade Santa Cecília

Lawyer, specialist in social security. Master's student in Health Law at UNISANTA. CAPES scholarship holder. Works as a professor in extension courses on social security at ESA/SP. Guest professor in labor law for EAD extension courses - UNISANTA. Responsible for the social security area of ​​the Lamy & Oliveira law firm. Active member of the internship and bar exam committee of OAB/SP.

How to Cite

MORAES, Alexandre Rocha Almeida de; LISBOA, Andressa Felix. Regulation of Artificial Intelligence in the European Union: ethical framework, risk classification and possible consequences in medicine. Unisanta Law and Social Science, Santos, v. 13, n. 2, p. 16–29, 2024. DOI: 10.66221/v13n2p16. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/2473. Acesso em: 17 mar. 2026.