La protección constitucional de los derechos del trabajador em confrontación com los avances de la inteligencia artifical

Resumen

Introduction: The emergence of new technologies and their growing use in the labor market directly implies the structure of society that is already accustomed to human labor since the First Industrial Revolution, giving rise to the problem of technological (un)employment.

Objective: The objective of this work is to analyze the constitutional protection granted to workers in the face of the automation of their jobs, discussing the functions of Labor Law and the ethical issues involved about the possible replacement of human labor by artificial intelligence, as well as the impact of this technology on sustainability and the creation of green jobs.

Methodology: To conduct the present study, bibliographic, exploratory and qualitative research methodologies were used, based on doctrinal and legal materials on the subject.

Results: It is perceived that the constitutional protection of workers in the face of automation is simple, so that the application of AI in the labor market will bring negative and positive impacts to jobs. The imminent technological unemployment can be generated on a large scale if the ethical role of work in society is not respected, otherwise, there will be a positive impact on sustainability and the creation of decent jobs;

Conclusion: Analyzing that the adoption of AI in world society is promising, if used correctly it guarantees and expands the protection of labor rights, acting positively in respect for the functions of Labor Law. However, this process depends on legal mechanisms, since the simple constitutional provision is not sufficient and effective to equalize the effects of the application of this technology in the reality in which we live.

KEYWORDS: constitutional law; functions of labor law; green jobs; artificial intelligence; sustainability.