Brazilian Journal of Law, Technology and Innovation

Artificial Intelligence in Medicine

2024-09-19T13:16:20-03:00

This study examined the key risks associated with the use of artificial intelligence (AI) in medical practice, emphasizing the profound transformations that technology is driving in the healthcare sector. Based on a systematic literature review and consultation of other bibliographic sources, ten major risks were identified: biases, discrimination, social implications, bias denial, black-box problems, reinforcement of prejudices, explainability, transparency, intelligibility, and privacy. The development of AI in healthcare has led to systems that are far more autonomous and complex than initially expected, posing significant challenges due to their direct impact on human health. This situation highlights the need for regulation and oversight by the relevant public authorities. Although the regulation of new technologies requires careful consideration regarding when and how to regulate, the risks associated with AI in medicine are already well-recognized. Failing to intervene could be seen as governmental inaction in fulfilling the responsibility to ensure health and equity. AI should function as a support tool, not a replacement for physicians, ensuring that specialists validate the accuracy and effectiveness of algorithmic recommendations.

Technology and new work

2024-07-20T16:24:58-03:00

The article aims to evaluate, through an evolutionary overview of social achievements related to labor law, the impact of reducing working hours on the productivity and health of Brazilian workers. Specifically, it seeks to answer the following questions: Will worker productivity increase with a temporary reduction in working hours? Are there positive health impacts for workers who experience a reduction in working hours? To address these questions, the hypothetical-deductive method was used. The methodological approach was based on historical-typological analysis, with the interpretation framed through a sociological lens. The research, qualitative in nature, employs bibliographic and documentary sources on the topic, with a primarily explanatory objective. The study highlights the need for closer monitoring of labor relations, focusing on the enhancement of human work, particularly in the context of current technological advancements. It argues that personal development can lead to increased productive capacity and a greater balance in the work-life relationship, thereby fostering continuous evolution. To achieve this, public policies aimed at enhancing the employability of Brazilian workers will be necessary, alongside the involvement of representative groups through collective labor law. These efforts should focus on developing effective contractual mechanisms to improve labor quality and drive economic development.

The use of Workers-Produced Data in Artificial Intelligence-Based Systems

2024-11-18T23:19:16-03:00

This paper delves into the problem caused by the development of artificial intelligence-based systems trained on data sets built by harnessing data collected from employees' work activities. The convergence of technology and workers-produced data prompts a critical examination of its implications within the legal standards framework regarding safeguarding workers against automation and respecting workers' data privacy. The analysis underscores the need to establish legal safeguards for workers, proposing elements for building a legal framework to ensure that companies cannot exploit the data generated through workers’ labor activities to train AI systems without obtaining proper consent and providing fair compensation for those workers.

Caught in the Web: How E-commerce Plays with Consumer Minds

2024-10-15T12:01:49-03:00

In the context of contemporary e-commerce, the cognitive exploitation of consumers has become a significant concern. This article addresses how suppliers use advanced techniques such as nudges, dark patterns, heuristics, and cognitive biases to unduly influence consumer decisions by exploiting their cognitive vulnerability. The analysis includes discussions on informational asymmetry, informational fatigue, and the manipulation of consumers’ selective attention. Furthermore, measures are proposed to balance digital consumer relations, including updating regulations, promoting best practices by suppliers, educating consumers, and the active role of regulatory bodies and the judiciary. The conclusion emphasizes that effective consumer protection in the digital environment requires a multidisciplinary and collaborative approach aimed at building a fairer and more transparent market.

Data After Death

2024-10-24T10:12:08-03:00

This research examines the legal and emotional implications of managing digital data after death. The current framework lacks clear guidelines, leading to privacy concerns, emotional distress for families, and legal ambiguities. The study proposes that the deceased must have control over the fate of their digital data after death, and accordingly, recommends that every data fiduciary be required to solicit explicit instructions from the data principal at the time of account creation regarding the management of their data post-mortem. This approach would empower individuals to dictate their digital legacies, ensuring respect for their autonomy and preferences.