Impactos da Lei Geral de Proteção de Dados nas relações de trabalho: tomada de decisão por inteligência artificial nos processos de recrutamento e seleção. Reflexões sobre o direito do trabalhador de rever o algoritmo de decisão

Abstract

This paper discusses one of the most controversial and current issues related to the interference of artificial intelligence tools in the context of labor relations with emphasis on the pre-contractual phase of selection and recruitment of workers. Therefore, in order to understand this phenomenon, it is necessary to analyze the impacts of the General Law of Data Protection and investigate the interface of this microsystem with the fundamental rights of freedom and privacy of the worker, especially when the employer uses machine learning as a selection and recruitment criterion. The research initially sought to investigate the fundamental elements existing in the LGPD with a recommendatory approach regarding the treatment of common and sensitive worker data in the context of the employment relationship. Data compliance and good corporate governance practices by the employer constitute a fundamental guiding element in the work environment due to the constant surveillance system caused by artificial intelligence tools. The favorable environment of big data favors the employer to adopt machine learning techniques in the processes of recruiting and selecting candidates. There is a tendency on a progressive scale for companies to process data by means of an algorithm when making decisions in order to make a choice possible. Algorithms generate personal data, and their engine is data-driven, generating predictions and analysis. In this sense, it is important to understand the principles and fundamentals of the LGPD as guiding elements in controlling automated decisions in intelligent recruitment. The present study revealed that automated decisions in the selection and recruitment processes can jeopardize the fundamental rights of freedom, privacy and non-discrimination. The complexity of the subject pushed the research to analyze interdisciplinary issues with Law related to the concepts of artificial intelligence. This is in order to evaluate at the end what legal-normative support the worker will have at his disposal to effectively control the decision algorithm. Although little explored in Brazil due to the lack of effective regulation on the subject in terms of normative protection of the worker, the research arouses deep analysis in foreign literature, which is expected to contribute as a proposed intermediate solution in cases where the employer uses machine learning methods in hiring.