Artificial Intelligence and Fundamental Rights: Technological and Legal Aspects of AI in Job Selection and Job Applications in Portugal

Abstract

In recent years, Artificial Intelligence has gained prominence in the business sector by allowing companies to focus on their core activities while automating routine and administrative tasks. However, the excessive autonomy and lack of transparency in certain AI systems can negatively impact the fundamental rights of individuals interacting with them. A notable example is the use of AI in recruitment processes, where algorithms screen candidates for job vacancies. Poorly managed implementation may increase the risk of discriminatory outcomes. This paper aims to evaluate the impact of AI on fundamental rights in private-sector recruitment and selection processes, examining how Portuguese and European legal frameworks can protect candidates. Although both Portuguese Constitutional Law and European Law uphold the principle of non-discrimination, they are currently insufficient to address algorithmic bias. In this context, the European legislator’s adoption of the AI Act, designed to limit the potential discriminatory effects of algorithms, is particularly commendable. In order to achieve the proposed objectives, the scientific methodology adopted  in this scientific paper was a critical analysis of the state of the question, with an analytical review of the literature and doctrinal works of various authors that we have chosen for this research, and an analysis of the current Portuguese Law and European Union Law, including the current Artificial Intelligence Act, in order to draw the obvious conclusions.