A complexa relação entre a opacidade algorítmica e a liberdade de expressão nas redes sociais: parâmetros regulatórios para o Brasil

Abstract

This thesis explores the complex interplay between algorithmic opacity and freedom of expression on social media platforms. The research proposes a set of parameters for enhancing the Brazilian regulatory framework. The present study is guided by the hypothesis that algorithmic opacity restricts freedom of expression in Brazil by exerting a non-transparent influence on access to information and the shaping of public opinion. Therefore, it can be inferred that the establishment of regulatory frameworks that promote transparency is a necessary condition for achieving a harmonious balance between technological innovation and fundamental rights, thereby fortifying digital democracy. The methodological approach is qualitative, encompassing literature review, documentary analysis, hypothetical-deductive reasoning, and comparative analysis of regulatory frameworks. The initial chapter delineates the foundational principles of algorithmic opacity, elucidates its operational mechanisms within the domains of recommendation, filtering, and moderation algorithms, and expounds on its ramifications for the user experience, including the formation of filter bubbles and veiled censorship, and its impact on content visibility, resulting in compromised informational diversity and the plurality of ideas. The second chapter undertakes a comparative analysis of international regulatory structures, examining initiatives from the European Union, the United States, and other countries. It identifies lessons and challenges for the Brazilian context. The third chapter focuses on the national scenario, offering a critical evaluation of the Brazilian regulatory system, encompassing the Marco Civil da Internet, the General Data Protection Law (LGPD), jurisprudence, and the actions of regulatory bodies. A conspicuous absence of comprehensive guidelines concerning opacity demands the establishment of regulatory parameters for Brazil. These parameters include guidelines for algorithmic transparency, the development of mechanisms to ensure accountability, channels for addressing challenges, the strengthening of specialized regulatory bodies, and the promotion of digital education. In the final chapter, the conclusions of the research are summarized, corroborating the central hypothesis. The primary theoretical contribution of this study lies in its proposition that algorithmic transparency should be recognized as a fundamental guarantee, indispensable to the effectiveness of other rights, such as freedom of expression and data protection. The text goes on to highlight the practical implications of the proposals, which can be understood as a roadmap for the country. The thesis's innovation lies in its proposition that Brazil's prevailing instruments for fostering innovation should undergo a reorientation to stimulate the establishment of an ethical and transparent national digital ecosystem, thereby promoting digital sovereignty. Furthermore, the study identifies potential areas for future research, including the empirical analysis of regulatory impacts. The thesis contributes to the ongoing discourse on digital governance by demonstrating the efficacy of a regulatory model grounded on algorithmic transparency. This model effectively balances the pursuit of technological innovation and the safeguarding of fundamental rights, thereby fortifying democratic participation in contemporary society.