Os Limites do Uso da Inteligência Artificial na Seleção de Candidatos a Empregos à Luz da Proteção dos Direitos Humanos

This paper analyzes the limits of the use of artificial intelligence in job candidate recruitment and selection processes, in light of human rights protection. Based on the growing use of algorithmic systems by companies for resume screening, automated interviews, and candidate ranking, the research investigates the risks of indirect discrimination produced by such tools, particularly against historically vulnerable groups such as women, Black people, and persons with disabilities. The
paper examines Brazil's international obligations regarding economic, social and cultural rights — notably the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Protocol of San Salvador — as well as the algorithmic discrimination test proposed by Krupiy and Scheinin under international instruments such as CEDAW, CRPD and ICERD. Case law and concrete cases are also analyzed, with emphasis on the Amazon case, alongside emerging regulatory frameworks such as the European Al Act and Brazil's General Data Protection Law (LGPD). The conclusion is that, while AI may bring efficiency to selection processes, its use without adequate human oversight and without transparency and accountability mechanisms may violate fundamental rights, making it essential to establish clear legal limits for its use.