Algorithmic Power and Consumer Protection: Challenges of Digital Constitutionalism in the Regulation of Big Tech

Abstract

This article analyzes the intersection between Consumer Law, Digital Constitutionalism, and public policies in controlling the economic and informational power of Big Tech companies. The thematic delimitation focuses on the effectiveness of fundamental rights and consumer protection norms in the face of profiling algorithms and predatory commercial practices. The relevance of the research lies in the need to contain informational asymmetry and data exploitation in cyberspace. In this sense, the general objective is to analyze the impact of digital business models on consumer autonomy to ensure the effective protection of rights, with specific objectives including discussing technological/digital constitutionalism, identifying new algorithmic vulnerabilities, and evaluating international regulatory experiences. Methodologically, the research is bibliographic and documentary, with a deductive and qualitative approach, using literature review and analysis of national and international legislation. Regarding its structure, the text is divided into two main chapters. The first addresses digital constitutionalism and the transmutation of classical vulnerability into algorithmic vulnerability, while the second examines market pathologies, such as dark patterns and predatory advertising, contrasting them with foreign regulations. Finally, the conclusions indicate that digital constitutionalism is essential to underpin effective regulatory policies, advocating for the approval of specific frameworks for digital markets, coordinated inter-institutional action between oversight bodies, and the requirement for transparent algorithmic audits to restore human dignity in the connected society.