Inteligência artificial e racismo algorítmico: análise do PL 2338/2023

Abstract

The primary objective of this study was to investigate the following question: Is Bill nº 2338, of 2023, effective in preventing potential consequences of algorithmic racism triggered by structural racism in Brazil? To this end, an exploratory approach was adopted, employing techniques such as bibliographic review, document analysis, and case study. The research initially explored the relationship between structural racism and the use of artificial intelligence (AI) in Brazil, with a focus on algorithmic racism. Theoretical frameworks, such as those by Silvio Almeida, were utilized to contextualize structural racism, while studies by Tarcízio Silva address algorithm racism in the Brazilian context. A detailed analysis of Bill nº 2338/2023 was conducted to evaluate how it addresses ethical, social, and legal issues related to the use of artificial intelligence, taking into account Brazil's history of structural inequalities and identifying potential gaps in the legislative proposal, particularly concerning protection against algorithmic biases. Furthermore, a study was carried out to assess the effectiveness of the bill in preventing racist and discriminatory practices.