Brazilian Journal of Law, Technology and Innovation

Erasing the stigma

2026-03-08T21:28:33-03:00

This paper examines the Right to be Forgotten for Cancer Survivors (Oncological Right to be Forgotten) as an indispensable legal instrument for promoting human dignity, amidst significant medical advancements and rising survival rates. The research is premised on the fact that clinical recovery does not automatically eliminate the social and economic stigmas associated with the disease, investigating persistent discriminatory practices regarding access to credit and insurance. Through a dogmatic, constitutional, and comparative approach, the ethical foundations of this right are analyzed, with emphasis on European regulatory frameworks that impose objective time limits on the use of past health data. It is argued that perpetuating the status of "former patient" violates the free development of personality and undermines the effectiveness of fundamental rights. The study concludes on the necessity of legally recognizing the Oncological Right to be Forgotten as a mechanism for full social reintegration, ensuring material equality and effective privacy protection for cancer survivors.

Human-robot interaction fostered by Generative Artificial Intelligence

2026-02-14T12:04:04-03:00

Assistive Social Robotics (SARs) refers to robots that assist human users. With technological advances and studies in Generative Artificial Intelligence, new research and projects in SARs are being developed. The OpenTera framework currently does not encompass the potential of these technologies to facilitate SARs' development. Additionally, it does not include specific conversation modules, which are essential for the robot's social functions. The objective of this study is to make adaptations to the OpenTera framework to incorporate the benefits of using the ChatGPT API in SARs' development. We also take into analysis the privacy threat involved in the design of such a prototype. The study and development were carried out by a mobile application in Flutter, using libraries for automatic speech recognition and speech production, which communicates with the ChatGPT API to respond to user queries. The study's results led to the development of a new module for adapting the OpenTera framework. Considering the results, the new module can be added to the framework, making it more adequate, with an integrated SARs module powered by generative artificial intelligence. This is an interdisciplinary and original study between Law and Computer Science, in which the results show that privacy and personal data are vulnerable to the use of new technologies.

Age assurance mechanisms in digital environments

2026-05-04T10:42:51-03:00

Age assurance in digital environments has become a central issue in contemporary regulation, particularly considering the need to protect children and adolescents from inappropriate or prohibited content, products and services without overlooking the impact of such measures on privacy, personal data protection, inclusion and non-discrimination. Drawing on guidance issued by Brazil’s data protection authority, the Agência Nacional de Proteção de Dados (“ANPD”), the regulatory framework surrounding the Brazilian Digital Child and Adolescent Statute, and recent European regulatory and institutional references, this article examines the main mechanisms currently available, organizing them into categories and analyzing their functioning, advantages, and limitations. Based on this framework, the article argues that the legal legitimacy of such mechanisms does not derive solely from their technical capacity to verify age, but also from their regulatory purpose, practical effectiveness and compatibility with principles such as data minimization, purpose limitation, security, inclusion and proportionality. It concludes that there is no universally superior solution in the abstract and that the choice of mechanism should be guided by the specific risk posed by the service and by the pursuit of solutions capable of proving only the necessary age-related attribute, with the lowest possible level of intrusion upon users’ rights.

Law, technology, and algorithmic racism

2026-03-08T21:31:58-03:00

This article aims to analyze the legal challenges associated with the phenomenon of algorithmic racism, considering the intersection between technology, digital discrimination, and fundamental rights. The research adopts an inductive methodology with an exploratory and theoretical character, grounded in an interdisciplinary literature review, including legal doctrine, critical data science studies, and national and international regulatory frameworks such as the LGPD and the GDPR. The study shows that artificial intelligence systems, by relying on biased historical data, can reproduce and amplify racial inequalities, negatively impacting the principle of equality and the dignity of the human person. It concludes that a robust legal framework is necessary, centered on algorithmic transparency, multisectoral accountability, and the implementation of anti-discriminatory algorithmic justice capable of protecting fundamental rights in digital environments.