| Texto completo | |
| Autor(es): |
de Oliveira, Cristina Godoy B.
;
Albuquerque, Otavio De P.
;
Belotti, Emily L.
;
Lopes, Isabella F.
;
Silva, Rodrigo Brandao de A.
;
Arbix, Glauco
Número total de Autores: 6
|
| Tipo de documento: | Artigo Científico |
| Fonte: | APPLIED SOFT COMPUTING; v. 189, p. 14-pg., 2025-12-27. |
| Resumo | |
Context: The increasing adoption of Artificial Intelligence (AI) systems in financial services has led to a growing number of legal disputes concerning the use of facial recognition technology (FRT) in Brazil. This study exam ines how the S & atilde;o Paulo Court of Appeal has addressed consumer claims related to contracting payroll loans using FRT-based authentication. To achieve this, we employed web scraping techniques to collect 186 judicial decisions referencing AI-related terms and 10,745 decisions specifically mentioning "facial biometrics" from the Court's online portal between 2012 and 2024. The data was processed and filtered using data mining techniques to isolate cases directly involving banking disputes over facial recognition in credit contracts. A qualitative anal ysis focused on 41 decisions under the AI term search and 418 under the facial biometrics search. The findings reveal a consistent judicial tendency to validate contracts based on FRT authentication, often shifting the bur den of proof to consumers, even in cases involving vulnerable individuals such as the elderly. Moreover, courts frequently accept minimal technical evidence from banks regarding the reliability and error rates of their facial recognition systems. These judicial decisions raise concerns about consumer rights protection, informed consent, and judicial reliance on technology perceived as infallible. The paper highlights the need for regulatory oversight by the Brazilian Central Bank and the National Council of Justice to establish technical standards and procedural safeguards when financial institutions use FRT in consumer credit contracts. These findings contribute to ongoing discussions on AI accountability and the ethical deployment of biometric technologies in the financial sector. (AU) | |
| Processo FAPESP: | 19/07665-4 - Centro de Inteligência Artificial |
| Beneficiário: | Fabio Gagliardi Cozman |
| Modalidade de apoio: | Auxílio à Pesquisa - Programa eScience e Data Science - Centros de Pesquisa Aplicada |