Have you ever heard of algorithmic racism?

In the increasingly digital and interconnected world we live in, technology plays a fundamental role in almost every aspect of our lives. I can even confidently say that every day of our lives we depend on technology for something, whether it's to communicate, withdraw money, transfer funds, or anything else.

Well, with technology becoming increasingly present in our lives, negative aspects are also growing. As artificial intelligence and algorithms become ubiquitous in sectors such as finance, healthcare, education, and justice, it is crucial to closely examine the impact of these innovations on society.

One issue that has emerged strongly in recent years is the power of algorithms to reproduce racism – among other behaviors – which can often have profound implications for the legal system and, ultimately, the pursuit of justice. This article is dedicated to lawyers and legal professionals seeking to understand more about forms of algorithmic racism. Below, we will explore what algorithmic racism is, how it manifests itself, and why it should be seen as a central concern for the justice system.

Racism and its forms of propagation

Racism is considered a complex phenomenon deeply rooted in society, manifesting itself in various ways, from direct racial discrimination to subtle and structural prejudices.

There is considerable controversy surrounding the etymology of the term "race." What can be said with greater accuracy is that its meaning has always been linked in some way to the act of establishing classifications. However, the notion of race as a reference to distinct categories of human beings is a phenomenon present in modernity.

At its core, racism is the belief in the superiority of one race over others, accompanied by discrimination, stigmatization, or exclusion of people based on their ethnic or racial origin. However, racism is not limited to individual attitudes; it is often perpetuated and amplified by social, economic, and political structures.

Racism is also intrinsically linked to existing power structures. When certain racial groups have unequal access to political, economic, and social power, racial inequalities persist and are reproduced. This can be seen in areas such as access to employment opportunities, housing, and education.

Discriminatory acts related to race are most evident in everyday situations, such as insults or gestures. What we have seen in recent years, however, is a growth of this prejudice in the digital realm . This creates a scenario in which aggression is veiled in lines of code.

Tarcízio Silva, a researcher in Human and Social Sciences at UFABC (Federal University of ABC), created the Timeline of Algorithmic Racism: cases, data and reactions, which is a compilation of cases in Brazil and around the world of forms of racial oppression in the digital context.

One of the cases cited is an action taken by Instagram in November 2019 , in which the platform identified that a drawing featuring Black people, one of them a reference to British racing driver Lewis Hamilton, contained allusions to weapons.

Another emblematic case in the United States regarding algorithmic racism was that of the American bank Wells Fargo. As reported by the U.S. Department of Justice, Wells Fargo, the bank that financed the most mortgages nationwide, charged higher interest rates on loans to 34 African-American clients between 2004 and 2009 simply because of their skin color and country of origin, and not because of their qualifications or credit history.

Furthermore, Tarcízio is launching the book " Algorithmic Racism – Artificial Intelligence and Discrimination on Social Networks ," where he questions how artificial intelligence (AI) structures reproduce racist behaviors through tools such as facial recognition, selfie filters, content moderation, chatbots, and other mechanisms.

Algorithms as behavior reproducers

In an increasingly digital world, artificial intelligence algorithms may be able to reproduce racism in various ways. The algorithms are trained on historical databases, and these data reflect various biases, including racial ones. The algorithms can reproduce these biases when making decisions in areas such as lending, hiring, and criminal justice systems, for example.

To understand how these human behaviors are reproduced by machines and programs, it is necessary to understand who is behind the programming . This database is routinely dominated by white, cisgender, affluent men from the United States.

Social media platforms , for example, use an algorithm that collects data from users' searches and likes to recommend new content, creating what they call "bubbles," meaning people consume ideas similar to their own and are not exposed to new types of thinking, causing old ideals to perpetuate.

Facial recognition, selfie filters, content moderation, chatbots, predictive policing, and credit scoring are just some of the applications that currently use artificial intelligence systems.

But what happens when machines and programs produce discriminatory results? Are algorithms racist? Or are these simply inevitable errors? Whose responsibility is it, between humans and machines? And what can we do to combat the toxic and racist impacts of technologies that automate prejudice? These are just some of the many questions.

The fact is that algorithmic racism has become a relevant concept for understanding how the accelerated implementation of emerging digital technologies, which prioritize ideals of profit and scale, negatively impacts racial minorities around the world.

When algorithms are given the power to decide – based on their creators' criteria – what is risk, what is beautiful, what is toxic , or what is merit, the potential for discrimination multiplies.

Possible solutions

The solution to the problem of algorithmic racism involves a multifaceted approach that requires coordinated action from society, governments, businesses, and technologists.

Companies and organizations that use algorithms should conduct regular audits to identify and mitigate biases and prejudices in their systems. This includes reviewing training data, performance metrics, and algorithm adjustments to ensure they do not perpetuate inequalities.

Companies must be transparent about how their algorithms work and what data is used. Furthermore, they must be held accountable for any algorithmic discrimination and have correction and redress systems in place.

Research and development of ethical algorithms should be encouraged. This includes the creation of ethical guidelines and standards for algorithm design and training.

In summary, algorithmic racism is a serious ethical and legal concern, with harmful implications in various areas of society. Addressing this problem requires a concerted effort that includes algorithm audits, transparency, regulations, diversity in technology, public education, and the development of ethical algorithms.

Conclusion

In conclusion, algorithmic racism is a complex reality that demands the urgent attention of our entire society. As technology continues to shape our lives, we cannot close our eyes and allow algorithmic racism to perpetuate racial injustices.

Coordinated actions are essential, including strict regulations, transparent algorithm audits, technology diversification, and public awareness. Only through collective efforts can we ensure that artificial intelligence promotes justice and equality, and that it is present to help progress, not regress.

Furthermore, the future must be shaped by ethical algorithms that, above all, respect the dignity of all people, regardless of their race or ethnic origin. To achieve this, it is essential that society, the private sector, and the government work together to meet this complex challenge.

Like researcher Tarcízio, algorithmic racism can be a strong line of research, capable of bringing great benefits to the social and academic world.

IDP offers a Professional Master's Degree in Law , which has several research areas, and you're sure to find one that suits you.

Among the planned research areas, you will have the opportunity to delve into: Transformations in the Economic and Social Order: Technology and Innovation. At IDP, you have access to one of the best faculty bodies in Brazil. These are professors of the highest academic and professional caliber, leading figures in their field.

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