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Revista chilena de derecho y tecnología

On-line version ISSN 0719-2584

Abstract

MUNOZ GUTIERREZ, Catherine. Discrimination in an automated society: Contributions from Latin America. Rev. chil. derecho tecnol. [online]. 2021, vol.10, n.1, pp.271-307. ISSN 0719-2584.  http://dx.doi.org/10.5354/0719-2584.2021.58793.

Do current Latin American laws adequately protect people against discrimination due to the use of artificial intelligence systems for automated decision-making? How should an effective legal framework on this matter be configured? Based on these questions, this article analyzes this form of discrimination from a technical and regulatory point of view, develops a conceptual theory on the particularities of algorithmic discrimination situated and contextualized in Latin America, proposes the incorporation of a relational principle that is distinctive to the region and offers a new interpretative approach to the Principle of Equality and the discrimination concept, from a collective perspective, with the aim of overcoming normative difficulties evidenced in comparative law.

Keywords : Principle of equality; discrimination; artificial intelligence; Latin America; automated decision-making.

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