PROFILING AND ALGORITHMIC RACISM: CHALLENGES TO THE PROTECTION OF THE BLACK POPULATION IN LIGHT OF THE BRAZILIAN LEGAL SYSTEM
Profiling. Algorithmic racism. Artificial intelligence – AI. Regulation. Brazilian General Data Protection Law – LGPD.
From an interdisciplinary perspective, which starts from the intersection between law, technology and discrimination, this paper aims to analyze, in light of critical race theory, automated profiling as a manifestation of algorithmic racism and, consequently, Brazil's efforts to regulate this technique through existing norms in the national legal system, such as the Brazilian General Data Protection Law (LGPD), and the imminent regulation of Artificial Intelligence (AI) as a way to combat structural racism. The first chapter presents technical considerations on categories such as AI, personal data, big data, algorithms and, no less important, technological neutrality and discriminatory biases. The second chapter discusses racism from the perspective of critical race theory, which culminates in the construction and definition of what is understood as algorithmic racism and its occurrence in digital technologies, notably in automated profiling. Finally, the third and final chapter analyzes mechanisms present in Brazilian legislation, in global and national initiatives, such as Bill nº 2.338/2023, ways to inhibit violations of fundamental rights and to contribute to the protection of the black population against the discriminatory risks of automated profiling.