Direct and indirect discrimination applied to algorithmic systems: Reflections to Brazil

Discrimination is a complex phenomenon which has long been tackled by discrimination law. In order to present adequate legal responses, literature and caselaw have developed two main categories of discriminatory acts: direct and indirect discrimination. With the growing use of algorithms on daily lives, the adverse impacts of these technologies come to the center stage. This article aims at presenting how the direct and indirect discrimination categories are applicable to algorithm discrimination and how they may shed light on challenges related to it. Next, the article explores how the how the Brazilian legal framework may tackle algorithm discrimination, both on its direct and indirect forms, with the support of anti-discrimination law and data protection legislation.