Artificial Intelligence and Fundamental Rights in Brazil: An Analysis of Algorithmic Biases, DecisionMaking Transparency and Bill 2338/2023

Abstract

The general objective of this article is to critically analyze the impacts of the implementation of artificial intelligence systems in the sphere of fundamental rights in Brazil, focusing on algorithmic biases, the transparency of decision-making processes and the adequacy of Brazilian Bill nº. 2338/2023. The following specific objectives were listed: a) mapping some AI models used in Brazil and around the world, and which have the potential to interfere
with fundamental rights, such as privacy, equality, and due legal process; b) examine cases of algorithmic biases identified in AI systems, illustrating their consequences on vulnerable groups; c) evaluate the Brazilian regulatory - Bill
2338/2023, and its possibility of guaranteeing a safe and ethical environment for the use of these technologies in Brazil. The present study is justified given the accelerated growth in the use of AI in various spheres of social,  economic and legal life in Brazil. The lack of robust regulation and the risk of perpetuating discrimination through algorithmic systems require an in-depth and critical
analysis to ensure that fundamental rights are protected. The methodology used is exploratory and descriptive in nature, addressing practical cases and, also, as a technical procedure, bibliographic research was used.