Autodeterminação eleitoral em risco: o impacto dos vieses algoritmicos no sufragio

Abstract

This thesis examined the impacts of algorithmic curation, cognitive heuristics, and biases on electoral self-determination, both individual and collective, with special emphasis on the context of suffrage. The study was grounded in the increasing centrality of algorithms in the organization and filtering of information, which profoundly transformed access to information and influenced decisions essential to citizenship. It was emphasized that, although the digital age had promised to democratize access to information, the centralization of informational flows in the hands of large technological corporations subverted this promise, compromising the formation of a critical and pluralistic public opinion. The relevance of the topic stemmed from the finding that algorithmic curation not only organized informational flows but also shaped perceptions and behaviors in a subtle, continuous, and often imperceptible manner, directly affecting the integrity of suffrage. By manipulating the way individuals receive and process information, such systems restrict access to divergent perspectives, reinforcing polarization and eroding the epistemic conditions for democratic dissent. The research gap addressed in the thesis lay in the insufficiency of legal studies that comprehensively investigated the impact of these practices on self-determination and the democratic process. The central hypothesis of the research consisted in the possibility that algorithmic curation, by exploiting cognitive heuristics and preexisting biases, may operate as a vector of subtle and persistent informational manipulation, restricting voters’ self-determination and limiting their capacity for full and informed participation in the democratic process. To this end, the methodology combined legal analysis, the examination of paradigmatic electoral events – such as the elections in the United States (2016, 2020, and 2024), Brazil (2018 and 2022), India (2019), the United Kingdom (2019), Germany (2021), and France (2022) – and an interdisciplinary review of the role of algorithms in the dissemination of disinformation. The approach sought to integrate theoretical and empirical perspectives to offer a thorough and at the same time contemporary analysis of the dynamics of informational power. The main findings demonstrated that algorithmic curation intensifies informational manipulation by exploiting cognitive vulnerabilities, confining individuals in ideological bubbles and amplifying polarizing narratives. Such dynamics reduce citizens’ deliberative capacity, compromising their freedom of choice and the authenticity of political judgment, undermining the legitimacy of suffrage and weakening the foundations of the democratic regime. Furthermore, the study showed that algorithmic disinformation, by manipulating perceptions, goes beyond the mere exploitation of human predispositions, constituting a mechanism of control that diminishes both individual and collective autonomy. It was concluded that mitigating the impacts of algorithmic curation, an urgent matter, requires the implementation of public policies aimed at promoting informational transparency, the plurality of ideas, and equitable access to quality information. It was also proposed that the legal concept of disinformation be expanded to encompass algorithmic manipulation, considering it a tactic that infringes upon the fundamental principles of democracy. The thesis further emphasized the importance of a robust regulatory framework to ensure the protection of self-determination in the digital environment and preserve the integrity of electoral processes. Finally, the research contributed to the legal field by offering a detailed analysis of the effects of digital technologies on suffrage, highlighting the need to integrate the protection of self-determination into the legal framework. Such measures were deemed essential to strengthen democracy in the face of challenges posed by the digital era