Discriminação algorítmica à luz do direito antidiscriminatório

Abstract

This study aims to defend the application of Anti-Discrimination Law as an essential tool in addressing algorithmic discrimination. In this regard, algorithmic discrimination occurs when algorithms generate disproportionate and harmful outcomes for certain social groups as a result of the automation of economic and social decision-making processes. From this perspective, the study asserts that algorithmic discrimination is not merely an isolated technical failure but rather a reflection of historical and structural inequalities, exacerbated by the lack of transparency and the opacity of automated decision-making systems. In response to this challenge, this research explores various ways to adapt the concepts and principles of Anti-Discrimination Law developed within the traditional legal framework to the algorithmic environment, ensuring the effective realization of substantive equality in the digital sphere.To achieve this, the study examines multiple dimensions of discrimination through the lens of Anti-Discrimination Law, addressing key issues such as the definitions of direct and indirect discrimination in automated systems, the impact of biases embedded in data and algorithmic models, and the legal and societal dilemmas arising from the deployment of discriminatory technologies. Additionally, the study investigates potential solutions, emphasizing the need to adapt Anti-Discrimination Law to the evolving challenges posed by artificial intelligence. Furthermore, the research highlights the necessity of regulatory frameworks and governance mechanisms that incorporate principles such as explainability, auditability, and fairness into algorithmic systems, ensuring that automated decisionmaking processes do not perpetuate or intensify existing social inequalities. Throughout the analysis, core principles of Anti-Discrimination Law including substantive equality and the advancement of social justice are critically examined within the algorithmic context, advocating for a comprehensive and integrative approach that accounts for the social, political, and legal dimensions of automated technologies. The study also underscores the importance of public policies aimed at raising awareness, regulating, and overseeing algorithmic decision-making to safeguard fundamental rights, particularly those of vulnerable groups. Ultimately, this research argues that Anti-Discrimination Law must play an active role in the adaptation of algorithmic systems not only as a corrective measure but also as a proactive instrument for promoting equity and addressing historical inequalities. The study concludes by proposing concrete measures, such as algorithmic auditing and the review of discriminatory practices, while emphasizing the significance of an interdisciplinary approach to tackling the legal and societal challenges of algorithmic discrimination in the contemporary era.