MJSP Ordinance 961/2025 and the constitutional limits on the use of artificial intelligence in public security

Abstract

The article critically analyzes Ordinance 961/2025 of the Brazilian Ministry of Justice and Public Security (MJSP), which establishes guidelines for the use of information technologies in public security, with emphasis on Article 11 prohibitions as mechanisms for protecting fundamental rights. The research problem consists of verifying the extent to which such restrictions bind states and municipalities, especially when they use federal funds to adopt artificial intelligence-based technologies in public security. The starting point is the hypothesis that, although the Ordinance applies directly only at the federal level, its guidelines function as a normative and constitutional parameter for local policies, especially on issues related to data protection and fundamental rights. A hypothetical-deductive approach is adopted, supported by documentary and literature review. The findings indicate that, although formally restricted to the federal sphere, the Ordinance aligns with international artificial intelligence regulatory frameworks and provides interpretive guidance for assessing the constitutionality of public security policies.