THE PRICE OF FALSE NEUTRALITY A LEGAL ANALYSIS OF THE ACCOUNTABILITY OF ALGORITHMIC RACISM [ABSTRACT]

Abstract

ABSTRACT

The rapid and uncritical proliferation of artificial intelligence (AI) has reshaped society, yet the notion of objective and neutral decisions clashes with the reality that algorithms often reproduce and amplify patterns of discrimination. In Brazil, a country with a history of structural racism, algorithmic racism is a problem that deepens the dilemmas of criminal and digital law. This article proposes to analyze algorithmic racism within the Brazilian context, exploring its manifestations and, most importantly, the possibility of criminal liability for companies that develop and utilize biased AI. To provide a theoretical foundation, a comparative law analysis will be conducted with a focus on the United States and the European Union, specifically highlighting the EU Artificial Intelligence Act (EU AI Act), which establishes regulations on transparency, risk, and the attribution of responsibility in AI systems. The objective is to contribute to the debate on building a more equitable digital environment, where technology serves to promote equality rather than perpetuate prejudice. The central focus will be the manifestation of algorithmic racism as a phenomenon that highlights the false neutrality of AI, contrasting Brazilian legislative inertia with lessons learned from the legal experiences of the United States and the United Kingdom, which are used as a model for comparative law.

Keywords: Racism; Artificial Intelligence; Criminal Liability.

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