Algorithmic Opacity And Artificial Intelligence: A Legal Analysis From The Gender Perspective

Abstract

This study analyzes the challenges posed to law, in particular to women's rights, by the algorithms produced by the rise of artificial intelligence tools, products, services and applications. The research problem is aimed at examining the impact that these systems generate for women's rights. The main objective is to determine whether the application of algorithmic biases generated by artificial intelligence constitutes some type of act of discrimination that violates the principle of equality and non-discrimination and how to mitigate the damage. The methodology used involves a hermeneutical design with a qualitative approach that does not use instruments as it is a dogmatic research. The results obtained confirmed the hypothesis that the exponential proliferation of products and services mediated by artificial intelligence generate biases that affect women's right to equality and that the regulatory framework is still insufficient despite progress in this regard. It is concluded that the existence of regulatory protection in the country and in the international regulatory system is necessary in order to avoid situations of defenselessness in the protection of women's fundamental rights as a result of artificial intelligence algorithms.