Abstract
The advantages of having automated decisions make it necessary to have mechanisms for coexisting with its opacity. Legal systems in Europe and Brazil sought to create systems of transparency that allow greater control by individuals in terms of access to personal data. Thus, leading to a question whether there is a “right to explanation” is either legal systems. The article analyses how the debate in Europe influenced the discussions in Brazil and uses a comparative methodology to understand how the two legal systems have structured a mechanism based on transversal principles of transparency and the rights of access to information to functionality to establish a “right of explanation”. As a conclusion, the paper notes the limits and potentialities of this right as it was structured, highlighting that its scope is still open for debate, particularly in Brazil, where ongoing discussions, chiefly in Congress, may impact the right itself and its implementation.
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