A eficácia horizontal dos direitos fundamentais nas relações privadas do mundo digital.

Abstract

This undergraduate thesis studies the applicability of the theory of the horizontal effect of fundamental rights in the context of private relations established on digital platforms. In the face of the transition from industrial society to the information age, we are witnessing the rise of large technological oligopolies (Big Techs), which have begun to act as veritable sovereign private jurisdictions, shaping public discourse and social interactions. The central problem of this research is to investigate how the private autonomy and technopolitical power of these corporations can be limited in order to safeguard the fundamental rights of users, frequently mitigated by algorithmic opacity and arbitrary exclusions of accounts and content. Methodologically, a theoretical-dogmatic research approach was used, with a hypothetical-deductive methodology and bibliographic-jurisprudential procedure, analyzing the recent understandings of the Supreme Federal Court (Themes 533 and 987) and precepts of the Brazilian Internet Bill of Rights and the General Data Protection Law (LGPD). It is concluded that the scenario of extreme asymmetry and cyber vulnerability of the individual justifies the direct and immediate application of constitutional guarantees to application providers. Therefore, the consolidation of Digital Constitutionalism through the guarantee of due algorithmic process becomes imperative, obligating platforms to observe transparency, justification, and the right to defense before applying sanctions or content moderation.