BRAZILIAN LGPD AND STAFF RECRUITMENT ALGORITHMS

Abstract

The research encompasses the legal aspects of personal data processing by automated mechanisms, specifically, in the context of staff recruitment systems, in accordance with the Brazilian Law No. 13,709/2018 — General Data Protection Law. The relevance of the topic is due to the growing use of tools such as Artificial Intelligence in these processes, set in contrast to the high discriminatory risk that these technologies cause, generating legal challenges. Nevertheless, the law establishes to the data subject the right to know the criteria adopted and to obtain a reanalysis of the automated decisions, which could often make the use of the referred technology unfeasible. As the central object of the research, it is intended to explore the requirements for the compliance of the automated processing of personal data, in the exposed context, with the legal framework. To answer the research problem, it is adopted the deductive approach method, the monographic procedure and the bibliographical research technique. From the general concepts found in the specific legislation, basic premises are extracted for the legal conformity of the recruitment systems regarding the protection of personal data.