Banca de DEFESA: IZAAC DUARTE DE ALENCAR

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : IZAAC DUARTE DE ALENCAR
DATE: 22/11/2023
TIME: 14:30
LOCAL: PPGD - sessão virtual
TITLE:

Personal data protection and artificial intelligence: automated decisions and the right to explanation

KEY WORDS:

Personal data protection, Right to explanation of automated decisions, Artificial
Intelligence, Motivation of judicial decisions.

PAGES: 161
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Privado
SPECIALTY: Direito Civil
SUMMARY:

The use of Artificial Intelligence systems is common in many countries, including Brazil,
encompassing various applications, including the legal field, such as supporting judicial
decision-making. However, even when the decision is generated with the assistance of Artificial
Intelligence, the obligation to justify this decision still exists. Since judicial processes involve
personal data, the General Data Protection Law (Law No. 13,709 of 2018) applies, ensuring that
parties, as data subjects, have the right to receive an explanation for these automated decisions.
However, the Artificial Intelligence models used to assist in decision-making are often opaque,
making it difficult to understand their functioning, potentially harming the parties by restricting
and violating rights. The main objective of this work is to identify the framework for the
realization of the right to an explanation of automated decisions applied to the motivation of
judicial decisions made with the assistance of Artificial Intelligence. To achieve this, analyses
of normative and technical documents relevant to the research problem were carried out, and
the resulting data from this procedure were compared and evaluated with the results from the
literature. Thus, it is observed that transparency and meaningful information form the pillars
of an effective explanation, from which data subjects, as part of the process, can rely on to
understand a decision created with automation’s assistance, ensuring whether or not there has
been a violation of rights. Another important factor is the disclosure of algorithms, necessary
for the maintenance of procedural fairness when Artificial Intelligence is used, as intelligent
systems are not accessible in their source code. Therefore, the impossibility of explaining the
treatment of data by Artificial Intelligence, due to the opacity of these systems, results in the
impracticability of exercising the full right to an explanation of automated decisions endorsed
by the judiciary, compromising the realization of the motivation of judicial decisions.

COMMITTEE MEMBERS:
Presidente - 3497763 - MARCOS AUGUSTO DE ALBUQUERQUE EHRHARDT JUNIOR
Interno(a) - 3289832 - JOSE BARROS CORREIA JUNIOR
Externo(a) à Instituição - LEONARDO CARNEIRO DA CUNHA - UFPE