A influência dos algoritmos sobre a autodeterminação informativa na era digital

Abstract

The study, using the deductive method and a literature review, critically analyzes the limits of informed consent in protecting informational self-determination in the face of algorithmic activity. To this end, it investigates the formation of the digital society and the centrality of information; defines the concept of informational self-determination and its incorporation into the legal framework; examines the social and legal impacts of algorithms; and assesses the sufficiency of informed consent as a legal basis for data processing. The research shows how algorithms affect the right to informational self-determination in the digital age, exploring legal and social effects. It examines the technical functioning of algorithms, from data collection to predictive systems, highlighting how they invisibly shape behaviors. Informational self-determination, originating in German jurisprudence, is analyzed in its relationship with rights such as privacy, freedom of expression, and personality development. In Brazil, the constitutional and legal protection of this right—especially after Constitutional Amendment No. 115/2022 and the General Data Protection Law—reveals the limitations of informed consent in light of algorithmic complexity, illustrated by cases such as Cambridge Analytica and Direct Action of Unconstitutionality No. 6393. The research incorporates reflections from Shoshana Zuboff, Byung-Chul Han, Foucault, and Rouvroy, showing that control in the digital society occurs through psychological influence and information manipulation, characterizing “surveillance capitalism” and “algorithmic governmentality.” It concludes that informed consent is insufficient, and that complementary measures such as transparency, independent audits, digital education, and social participation are necessary to safeguard individual autonomy and democracy in the digital age.