“Trustworthy ai” : contestando decisões tomadas por inteligência artificial à luz da proteção de dados pessoais

Abstract

Currently, Artificial Intelligence (AI) systems and their complex algorithms are profoundly reshaping the global social and economic fabric. These systems, capable of processing massive volumes of data and making automated decisions, are infiltrating virtually every aspect of daily life, from choosing traffic routes to decisions that deeply impact fundamental rights such as the rights to freedom, life, and privacy. The evolution of machine learning and deep learning has exponentially expanded the reach and sophistication of these systems, raising crucial questions about transparency, fairness, and accountability. Faced with this rapid technological transformation, unprecedented challenges emerge in the legal and ethical fields. The ability of these AI systems to influence and even determine critical aspects of human life raises urgent debates about the need for new regulatory frameworks and ethical principles. The concept of "Trustworthy AI" gains prominence, proposing a human-centered approach that prioritizes respect for fundamental rights and the promotion of social well-being. In parallel, there is a growing demand for effective mechanisms to contest decisions made by these automated systems, essential to safeguard individual autonomy and rights. This monograph aims to critically explore the growing power of AI systems as "decision-makers" in contemporary society. The work analyzes the multifaceted impacts of this technology, emphasizing the crucial issue of the right to contest automated decisions. It investigates the complexities inherent in implementing reliable and ethical AI, as well as the challenges in establishing legal and regulatory structures that ensure the protection of fundamental rights against potential algorithmic biases and "injustices". Finally, the study focuses on the conception of a robust framework for the right of contestation, articulating principles such as informational self-determination and due process in the digital context, aiming to balance technological innovation with the preservation of democratic values and human rights.