VIÉS ALGORÍTMICO E O DIREITO ANTIDISCRIMINATÓRIO: O ALGORITMO COMO NOVO VETOR DE DESIGUALDADE?

Área temática: Ética e Sociedade

Abstract

Artificial Intelligence (AI) has been gaining ground in several areas, offering efficient and optimized solutions to complex problems. However, its increasing use also poses significant challenges, especially with regard to the reproduction of historical inequalities through biases in algorithms. This work is based on the concern about the impacts of these biases, racial, gender, and social, on the constitutional principle of equality, seeking to understand how AI can become a vector of discrimination. The research was developed through a bibliographic review, using the deductive method, based on doctrinal works and case studies, such as the one that occurred at Amazon, whose automated resume screening system discriminated against women. The results obtained so far show that algorithms, far from being neutral, reproduce patterns present in the data that feed them, directly affecting already vulnerable groups. The analysis demonstrates the importance of regulatory, transparency, and accountability mechanisms, both on the part of the public and private sectors. It is concluded that, to guarantee the effectiveness of the principle of equality and the protection of fundamental rights, it is essential that the Law follows technological advances with a critical sense and ethical commitment.