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Accountability in Brazilian Artificial Intelligence Regulation from the Algorithmic Impact Assessment


Luis Henrique de Menezes Acioly, Isabelle Brito Bezerra Mendes, Matheus Fernandes da Silva, João Araújo Monteiro Neto


Keywords: accountability, regulatory law, algorithmic impact assessment, Brazil

Taking into account the discussions around the ethical implications in the use of artificial intelligence (AI) systems, one of the most prominent topics is the AI agents accountability. Learning algorithms inherently possess discriminatory potential, which directly impacting fundamental rights. Consequently, many stakeholders are mobilising to delineate inherent minimum standards to build a responsible AI. By embracing this reality this paper aims to bolster the accountability principle, improving it beyond a mere conceptual iteration to endow it with a dialogical and intrinsic significance within the framework of technology regulation. This improvement is achieved through the application of the algorithmic impact assessment (AIA) instrument. The research delves into the functional and conceptual intricacies of the accountability principle within regulatory dynamics. It scrutinises the scope, objectives, and components of the AIA as accountability instruments, positioned to supplant the structuring of the regulatory landscape for AI. The main outcome of the research is the recognition of AIA as a tool for accountability and responsibility allocation. This recognition is grounded in an encompassing cognition structure, management, and the evaluation of consequences stemming from AI system usage. The primary objective is to facilitate responsive regulatory behaviour aligned with the demonstrated risk load in the assessment, spanning from protective biases to the safeguarding of fundamental rights.
Keywords: accountability; regulatory law; algorithmic impact assessment; Brazil

Luis Henrique de Menezes Acioly, Postgraduate specialization student in Digital Law at Institute of Technology and Society (ITS) and Center for Studies and Research in Teaching Law (CEPED) of UERJ. Graduated in Law from Centro Universitário Ruy Barbosa - UniRuy. Vice-President of the UFBA Innovation and Digital Rights Laboratory - LABIDD. Research at the Study Group on Technology, Information and Society - GETIS/CNPq/Unifor. Isabelle Brito Bezerra Mendes, Master in Constitutional Law at the Federal University of Ceará (UFC). Attorney. Tax Consultant at EY. Postgraduate in Data Protection and Digital Governance from UNIFOR. Researcher at the Technology, Information and Society Study Group at the University of Fortaleza – GETIS. Matheus Fernandes da Silva, Master's student in Law at the Federal Rural University of Semi-Árido (UFERSA). Attorney. Researcher at the Technology, Information and Society Study Group at the University of Fortaleza – GETIS. João Araújo Monteiro Neto, PhD in Law from the University of Kent in the United Kingdom. Master in Constitutional Law from the University of Fortaleza. Coordinator of the Technology, Information and Society Study Group at University of Fortaleza – GETIS. Professor at the Center for Legal Sciences at the University of Fortaleza. For correspondence: <>.


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