Discrimination in an Automated Society: Contributions from Latin America

Do current Latin American laws protect people against discrimination due to the use of automated decision-making by artificial intelligence? How should an effective legal framework on this matter be configured? Based on these questions, this lecture analyzes this type of discrimination from the technical and regulatory point of view, provides a conceptual theory on the particularities of algorithmic discrimination situated and contextualized in Latin America, proposes the adoption of a relational principle based on a philosophical perspective, present in all Latin American indigenous peoples, and offer a new interpretive approach to the principle of equality and the concept of discrimination under a collective view, in order to overcome normative challenges evidenced in comparative law.