ALGORITHMIC DISCRIMINATION, VULNERABILITY, AND THE PROTECTION OF FUNDAMENTAL RIGHTS IN THE DIGITAL ERA

Authors

• Mônia Clarissa Hennig Leal
• Lucas Moreschi Paulo

Abstract

The present examines the growing concern in the legal field regarding algorithmic discrimination and the protection of fundamental rights in the digital era. Using a logicaldeductive approach, the research analyzes the complex socio-legal implications of automated decisions made by algorithms, with a focus on perpetuating inequalities and injustices, particularly against vulnerable groups. Based on this analysis, the study proposes an overview of the problem, its immediate causes, and the legal-constitutional possibilities to address and mitigate the harmful effects of algorithmic discrimination. It concludes that understanding vulnerable groups, examining algorithmic discrimination, and ensuring the efficacy of fundamental rights are essential elements for addressing this issue within the context of digital constitutionalism.