Abstract

LEITE SAMPAIO, José Adércio; FURBINO, Meire  and  ASSIS BOCCHINO, Lavínia. Surveillance and Technopolitical Capitalism: the Fundamental Rights of Privacy and Freedom of Expression Under Attack. Opin. jurid. [online]. 2021, vol.20, n.42, pp.509-527.  Epub May 19, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n42a21.

This article discusses the threats that information technology companies can present to fundamental rights and constitutionalism, in the face of data capture, by individuals for monetary purposes and without a forceful response from state power. We highlight the vulnerability of people and the behavioral influence carried out through algorithms and other mechanisms connected to the internet. Based on documentary, bibliographic and normative research, the ‘surveillance capitalism’ proposed by Shoshana Zuboff, the guarantee of privacy and the transparency of companies are approached. A new way of accumulating capital is identified as well as the inadequacy of traditional regulatory mechanisms to combat its excesses. In the end, it points towards the need for an effective digital education as a solution to digital manipulation and to combat the vulnerability of users and their rights.

Keywords : Democracy; constitutionalism; fundamental rights; right to privacy and freedom of speech; surveillance capitalism, digital education.

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