O Direito à Explicação nas Decisões Automatizadas: uma Abordagem Comparativa Entre o Ordenamento Brasileiro e Europeu

Automated decision-making can bring great benefits to humanity, and it is undeniable that machines pose a danger to human autonomy, as an individual, and can generate potentially discriminatory mechanisms due to the possibility of perverse manipulation of algorithms. Although the artificial intelligence technologies used in automated decision-making are presented as neutral, they are not, and some are even used for modulations of human behavior obtained with the profile data extraction, building a perfect world of personalized consumption. The present study aims to analyze the concept of automated decision-making and the extension of the scope of the right to explanation in the automated treatment of data in the Brazilian system in comparison with the European system. The right to explanation, one of the imperatives of ethical guidelines for reliable artificial intelligence in automated decision-making, is extremely relevant as a criterion opposed to discriminatory mechanisms and combating the opacity of this type of intelligence. The fact is that everything that can be achieved through a degree of automation deserves a recommendable human explanation. In fact, human supervision must guide all stages of the use of artificial intelligence mechanisms. The method used in the present investigation is the hypothetical-deductive, in the approach, and the comparative, in the procedure. The fact is that every automated decision must be explainable, both in terms of its underlying logic and the rationale for the decision. There is also unreasonable to exclude the human element in the review of the automated decision. The present study will observe, by comparative means, the authorizing requirements of the automated decision and its consequences. Also, in order to achieve the desired result, a comparison will be made of the concept of the right to explanation in the European and Brazilian legal systems. As a result of the present study, it was concluded that the European Union treats the automated decision as a prohibition, while in Brazil there is a right to review the automated decision, failing to guarantee that this review is human. Therefore, there is no legal support in Brazil for the right to explanation.

Analysis of sex differences in the clinical presentation, management and prognosis of infective endocarditis in Spain

IntroductionSex-dependent differences of infective endocarditis (IE) have been reported. Women suffer from IE less frequently than men and tend to present more severe manifestations. Our objective was to analyse the sex-based differences of IE in the clinical presentation, treatment, and prognosis.Material and methodsWe analysed the sex differences in the clinical presentation, modality of treatment and prognosis of IE in a national-level multicentric cohort between 2008 and 2018. All data were prospectively recorded by the GAMES cohort (Spanish Collaboration on Endocarditis).ResultsA total of 3451 patients were included, of whom 1105 were women (32.0%). Women were older than men (mean age, 68.4 vs 64.5). The most frequently affected valves were the aortic valve in men (50.6%) and mitral valve in women (48.7%). Staphylococcus aureus aetiology was more frequent in women (30.1% vs 23.1%; p<0.001).Surgery was performed in 38.3% of women and 50% of men. After propensity score (PS) matching for age and estimated surgical risk (European System for Cardiac Operative Risk Evaluation II (EuroSCORE II)), the analysis of the matched cohorts revealed that women were less likely to undergo surgery (OR 0.74; 95% CI 0.59 to 0.91; p=0.05).The observed overall in-hospital mortality was 32.8% in women and 25.7% in men (OR for the mortality of female sex 1.41; 95% CI 1.21 to 1.65; p<0.001). This statistical difference was not modified after adjusting for all possible confounders.ConclusionsFemale sex was an independent factor related to mortality after adjusting for confounders. In addition, women were less frequently referred for surgical treatment.

RELEVANT PRINCIPLES IN THE ECHR AND CJEU JURISPRUDENCE REGARDING NATIONAL SECURITY

The European system ensuring the protection of human rights is nowadays one of the most advanced in the world. However, there are also areas of activity where clarification and improvement are constant demands. Counter-terrorism measures considered or adopted in Europe, in particular those that increase mass surveillance, the collection and storage of electronic information or the protection of personal data are such areas. Some of these measures give more intrusive powers to the intelligence services to channel decisions in the direction of the executive branch, without the necessary judicial guarantees being established in a state governed by the rule of law. Keywords: community law; ECHR; CJUE; national security.

Supervision of the execution of The European Court of Human Rights’ case law

The Convention for the Protection of Human Rights and Fundamental Freedoms empowers the decision-making and executive body of the Council of Europe, id est the Committee of Ministers, to supervise the execution of the European Court of Human Rights’ case law. The mechanism thus established possesses a certain specificity, which is inherent to the European system of protection of fundamental rights. Therefore, both the political nature of the Committee of Ministers and the elements that form the process of monitoring the implementation of the content of the Strasbourg Court’s judgments and decisions are of interest.

Debt Relief as a Last Resort for the Lender of Last Resort?

The coronavirus crisis has led to a sharp increase in the debt-to-GDP ratios of the euro area member states. Without external support, access to the capital market could be seriously threatened in the medium term for Italy, but also for other member states. While the Pandemic Emergency Purchase Programme, which is designed as a monetary policy instrument, is regarded by some as a violation of the prohibition of monetary financing, the Next Generation EU recovery fund is likely to direct the fundamental structures of the European Union towards a fiscal union with considerable redistribution elements. This article analyses an alternative strategy, namely debt relief by the European System of Central Banks through an EU debt agency. Such a scheme would be possible without amending the EU treaties and would avoid negative equity at the central banks. The question is under what circumstances would this approach be suitable and proportionate?

The Albanian Enforcement System

This article presents an overview of the Albanian legal system of enforcement in the civil and commercial area. Its purpose is not only to identify the enforcement system in Albania and the characteristics of each enforcement title but also to compare it with that of the Brussels IA Regulation. The article concludes that the Albanian enforcement system is built on the spirit of the European system and is very similar to several European countries. However, the range of foreign enforcement titles that can be recognized and enforced in Albania is narrower than that provided in the European Union countries. Therefore, it should be expanded to include, in addition to irreversible judgments, other European enforcement acts, such as European Payment Order, Settlement Agreements, Authentic instruments, etc.

Postgraduate training system and scientific and pedagogical activity in assessments of French PhD students

Discussed are issues of postgraduate training system in France. The European system of doctoral training was always effective, had a great diversity of programs, wide opportunities for the graduates. It set trends for postgraduate training systems all over the world. France is the second economy of the European Union, producing almost a fifth of the European Union’s GDP. This country is among the leaders that allocate a large number of funds to finance the research sector. In 2018, France’s gross domestic spending on R&D was 2.3%. In this regard, the social survey of French PhD students was conducted. They were asked to answer questions about the effectiveness of the French postgraduate training system as a whole and to assess the social and psychological side of the doctoral education process. We considered such aspects of the problem as the competitiveness of the French doctoral school in comparison with other countries, employment in the scientific and pedagogical area, the perception of the research fellow, and the obstacles that arise in the process of writing the thesis. The empirical basis of the study is a survey conducted in 2019–2020. The sample consisted of 149 people. It is noted that in general, future candidates of sciences tend to get into the research environment to continue working as full-fledged researchers. The analysis also showed that despite the good funding, there are certain problems in the field of science that concern the current generation of PhD students.