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 begins at the intersection of law, technology, and discrimination, this paper aims to analyze automated profiling as a manifestation of algorithmic racism and, consequently, Brazil's efforts to regulate this technique through existing standards 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 importantly, machine learning and generative AI. The second chapter discusses racism as a social and structuring construct of capitalist society and, consequently, analyzes the phenomenon of algorithmic racism, notably through its manifestations in automated profiling. Finally, the third and final chapter analyzes mechanisms present in personal data protection legislation, as well as 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.