ALGORITHMIC RACISM: ARTIFICIAL INTELLIGENCE, RATIFICATION OF MARGINALIZATION PROCESSES AND THE LAW

Abstract

The global transformation caused by the Information Revolution has reshaped contemporary society by introducing artificial intelligences (AIs) with autonomous learning capabilities. However, the implementation of these technologies raises concerns related to racial, gender, economic and national discrimination. Broussard highlights that racism in AI results from algorithms designed by individuals, reflecting unconscious biases of their programmers. The Ceará Civil Police facial recognition incident, which wrongly identified actor Michael B. Jordan, illustrates these problems. Algorithmic racism, examined through the perspective of symbolic violence, is part of a system of marginalization resulting from a long social and historical process. The role of the legal system in protecting against such discriminatory practices is then debated, highlighting a recent and developing legislative interest carried out by the Committee of Jurists in the Federal Senate. Based on the inductive method and bibliographic analysis, the study aims to analyze AI as an agent for ratifying racial marginalization and the role of the legal system in its regulation.