Brazilian Journal of Law, Technology and Innovation最新文献

{"title":"Algorithmic torts","authors":"José Luiz Moura Faleiros Júnior","doi":"10.59224/bjlti.v2i1.210-224","DOIUrl":"https://doi.org/10.59224/bjlti.v2i1.210-224","url":null,"abstract":"The purpose of this paper is to elucidate the intersection of algorithmic explainability and civil liability, exploring the implications of complex algorithms on legal responsibility. Algorithms, while not inherently intelligent, depend on data to present probabilistic predictions, differing significantly from human intuition. The core of this study lies in examining the limits of liability for damages caused by sophisticated algorithms, considering their inherent unpredictability. By analyzing the accountability framework proposed by scholars like Frank Pasquale, Mark Coeckelbergh, and Giovanni Comandé, this paper highlights the importance of data-informed duties and relational justifications as elements of the principle of explainability. It underscores the need for a proactive approach to risk management and the establishment of ethical standards for trustworthy AI. The discussion includes the necessity of regulatory guidelines that balance technological innovation with preventive measures that ensures transparency, predictability, and accountability in the deployment of algorithmic systems.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"39 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141710588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Brazilian Federal Public Administration, open data, technologies and the right to Information","authors":"Fernanda Sathler Rocha Franco","doi":"10.59224/bjlti.v2i1.140-192","DOIUrl":"https://doi.org/10.59224/bjlti.v2i1.140-192","url":null,"abstract":"The interaction between digital government, the opening of data, regulatory instruments and actions aimed at the development of information technologies is a governance tool with many potentials, including for obtaining and sharing various important information for the Public Administration and for people. But, in addition to the already known benefits of efficiency, optimization and agility in the provision of public services, through data, how can digital information governance contribute to the creation of other public values, such as transparency, comprehensibility, participation, popular oversight and state accountability? This is the question that guides the present work, which sought to map the main regulatory framework and technical strategies of information governance within the scope of the Federal Public Administration of Brazil, as well as their potential contributions to the generation of public value, with emphasis on the degree of digital data openness and interoperability in the Brazilian federal public sector. As a methodology, the strategies of survey and content analysis of the main national regulatory instruments, the two main public instruments for monitoring open data and some strategies for the technological implementation of open and interoperable government in the country were adopted. Then, the current stage of data openness and transparency in the Federal Public Administration of Brazil was observed based on the indicators compiled by the Organisation for Economic Cooperation and Development (OECD) in 2022, with subsequent discussion through bibliographic references. It was concluded that Brazil is currently in a process of acquiring greater maturity in relation to data openness, digital interoperability and the creation of public value through digital information governance.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"31 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141379436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ethical implementation of AI in job candidate recruitment","authors":"Jessica Fernandes Rocha","doi":"10.59224/bjlti.v2i1.120-139","DOIUrl":"https://doi.org/10.59224/bjlti.v2i1.120-139","url":null,"abstract":"This work aims to explore how workers, as data subjects, experience the effects of AI in recruitment, facing multiple layers of vulnerability as conceptualized by Florencia Luna in her theory of 'Layers of Vulnerability'. Following this reasoning, it examines the scope and limitations of personal data protection laws, with a particular focus on Law No. 13,709/2018 (LGPD), which aims to safeguard individuals' rights within this context. To envision future developments, the discussion will include legislative initiatives on the subject, emphasizing the importance of participation from all social actors in promoting the responsible use of AI in employment relations.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"6 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140426385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"State-led or private innovation","authors":"Laurence Duarte Araújo Pereira","doi":"10.59224/bjlti.v2i1.50-70","DOIUrl":"https://doi.org/10.59224/bjlti.v2i1.50-70","url":null,"abstract":"AI is broadly recognized as one of the most important and influential technologies of our times. As many authors point out, AI must bring transformations on work, markets, society, politics, and many aspects of our lives. In this scenario, governments and companies are adopting strategies on innovation concerning AI, and many states act not only as supporters for AI development, but as innovators themselves. Beginning from the premise that innovation can and should be not only private, but also state-led, this article brings a critical view on Brazilian AI Strategies, so far.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"113 42","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139614359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Profiling, stigmatization, and civil liability","authors":"Alexandre Pereira Bonna","doi":"10.59224/bjlti.v2i1.25-49","DOIUrl":"https://doi.org/10.59224/bjlti.v2i1.25-49","url":null,"abstract":"In the novel 'Brave New World,' Aldous Huxley envisions a dystopian future marked by mass production of lab-grown individuals, each assigned to specific castes. In this article parallels are drawn between this dystopian scenario and the dangers posed by technology, particularly in the realm of personal data and digital identity. It explores the potential infringement on privacy and equality rights, emphasizing the need for legal protection amid the increasing use of Big Data. The discussion delves into the theoretical foundations of personal data, virtual identity, and stigmatization, examining the role of civil liability in addressing violations of digital rights. The article navigates through relevant legal frameworks, including the Brazilian Federal Constitution, Consumer Protection Code, Civil Code, General Data Protection Law, and the Law of Public Civil Action, to assess the responses that civil liability can provide in the context of virtual rights violations. It emphasizes the historical construction of law, highlighting the necessity for legal frameworks to adapt to technological and cultural advancements. Despite specific data protection legislation, the article underscores the challenges in enforcing existing rights and calls for a nuanced approach to legal interpretation in the evolving digital landscape.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"4 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139439277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Consumer manipulation through behavioral advertising","authors":"Pietra Daneluzzi Quinelato","doi":"10.59224/bjlti.v2i1.1-24","DOIUrl":"https://doi.org/10.59224/bjlti.v2i1.1-24","url":null,"abstract":"In the contemporary era marked by technological advancements and pervasive use of social media, there has been a notable surge in the collection and subsequent processing of personal data, transforming them into economic assets exploited by corporations. This phenomenon gives rise to a \"surveillance society\" or \"mental capitalism,\" prominently characterized by the customization of advertisements based on users' consumption profiles and behaviors. Despite its focus on personalized advertising, this practice frequently employs persuasive techniques that possess the potential to influence consumer decisions, prompting concerns about user manipulation and the erosion of decision-making autonomy. This study employs the exploratory deductive method to scrutinize the provisions of one of the European Union's latest regulations tailored for digital platforms, namely the Data Services Act, and its efficacy in addressing the prevailing issues. The research identifies ambiguity within the regulation, particularly regarding its applicability to operations involving the processing of personal data and dark patterns. Additionally, findings emphasize the necessity for active supervision, especially concerning the profiling of children and adolescents. In conclusion, this study underscores the urgency of implementing regulatory measures to ensure more effective protection, mitigating persuasive and obscure practices on social media. Such efforts aim to preserve consumer autonomy and rights in an increasingly digital and data-driven world.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"55 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139452762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Data-driven is cool","authors":"Lorenzzo Antonini Itabaiana, Letícia Camargos Ferraz","doi":"10.59224/bjlti.v1i2.189-217","DOIUrl":"https://doi.org/10.59224/bjlti.v1i2.189-217","url":null,"abstract":"This paper analyzes the lessons of data-driven economics, investigating the prospects for applying the principles of Data Science on Law, or simply data-driven law. By understanding the possibilities that already exist, particularly in some Brazilian contexts, it addresses the limitations that permeate the ever-increasing interaction between Law and Data Science.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":" 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138617777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Algorithmic transparency as a fundamental right in the democratic rule of law","authors":"Alana Engelmann","doi":"10.59224/bjlti.v1i2.169-188","DOIUrl":"https://doi.org/10.59224/bjlti.v1i2.169-188","url":null,"abstract":"This article scrutinizes the escalating apprehensions surrounding algorithmic transparency, positing it as a pivotal facet for ethics and accountability in the development and deployment of artificial intelligence (AI) systems. By delving into legislative and regulatory initiatives across various jurisdictions, the article discerns how different countries and regions endeavor to institute guidelines fostering ethical and responsible AI systems. Within the United States, both the US Algorithmic Accountability Act of 2022 and The European Artificial Intelligence Act share a common objective of establishing governance frameworks to hold errant entities accountable, ensuring the ethical, legal, and secure implementation of AI systems. A key emphasis in both legislations is placed on algorithmic transparency and elucidation of system functionalities, with the overarching goal of instilling accountability in AI operations. This examination extends to Brazil, where legislative proposals such as PL 2.338/2023 grapple with the intricacies of AI deployment and algorithmic transparency. Furthermore, PEC 29/2023 endeavors to enshrine algorithmic transparency as a fundamental right, recognizing its pivotal role in safeguarding users' mental integrity in the face of advancing neurotechnology and algorithmic utilization. To ascertain the approaches adopted by Europe, the United States, and Brazil in realizing the concept of Algorithmic Transparency in AI systems employed for decision-making, a comparative and deductive methodology is employed. This methodology aligns with bibliographical analysis, incorporating legal doctrines, legislative texts, and jurisprudential considerations from the respective legal systems. The analysis encompasses Algorithmic Transparency, Digital Due Process, and Accountability as inherent legal constructs, offering a comprehensive comparative perspective. However, the mere accessibility of source codes is deemed insufficient to guarantee effective comprehension and scrutiny by end-users. Recognizing this, the imperative of explainability in elucidating how AI systems function becomes evident, enabling citizens to comprehend the rationale behind decisions made by these systems. Legislative initiatives, exemplified by Resolution No. 332/2020 of the National Council of Justice (CNJ), underscore the acknowledgment of the imperative for transparency and accountability in AI systems utilized within the Judiciary.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"219 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139202969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rights of investors in the context of algorithmic Artificial Intelligence technologies and automatization","authors":"Aleksandr Alekseenko","doi":"10.59224/bjlti.v1i2.42-62","DOIUrl":"https://doi.org/10.59224/bjlti.v1i2.42-62","url":null,"abstract":"This study explores the profound impact of digital technologies on economic processes, particularly in the realm of investments. Financial organizations are leveraging digital platforms and algorithmic artificial intelligence (AI) to provide enhanced services to consumers. AI-powered algorithms surpass humans in processing vast amounts of information, leading to improved price discovery and reduced transaction costs. Robo-advisors, empowered by AI, have become pivotal players in financial markets, offering personalized investment portfolios based on risk profiles and objectives. While algorithmic AI technologies eliminate human errors and streamline decision-making, they also introduce new risks. Flaws in algorithm construction, intentional errors, cybersecurity vulnerabilities, and the regulatory challenges of supervising self-learning algorithms are concerns. Additionally, the rise of blockchain platforms has transformed cryptocurrencies and digital tokens into new tradable assets with their own protection challenges. Researchers emphasize that the wealth of data and correlations facilitated by AI can have unintended consequences, and the development of proper supervision and control mechanisms is vital. As the financial landscape continues to evolve, it becomes crucial for investors and regulators to navigate the complexities of digital technologies and address the emerging Global Technology Risk (GTR).","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"14 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133913694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The preventive function of civil liability in light of the State's duties of protection in the context of the digital world","authors":"Marcelo Schenk Duque, Rodrigo Luiz da Silva Versiani","doi":"10.59224/bjlti.v1i2.21-41","DOIUrl":"https://doi.org/10.59224/bjlti.v1i2.21-41","url":null,"abstract":"The study addresses the issue surrounding the theory of civil liability within the digital realm. The main question guiding the investigation is whether the inherent risks of the digital world warrant a shift in focus on the State's duty to protect, taking into account the theory of civil liability as a foundation. The significance of this topic is evidenced by the undeniable impact of the digital world on the legal system, including its sociological implications. The increasing number of social interactions facilitated by data transmission technologies gives rise to a growing number of social conflicts and poses a threat to numerous fundamental rights, which must not be overlooked. This analysis employs a deductive approach, utilizing a research technique based on bibliographic and jurisprudential review.","PeriodicalId":396124,"journal":{"name":"Brazilian Journal of Law, Technology and Innovation","volume":"32 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123552945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}