Big data, algoritmos e microdirecionamento: desafios para a regulação da propaganda eleitoral

Abstract

Big data processing algorithms have brought on deep societal changes, along with modifications in the internet infrastructure, marketing, and electoral campaigns, especially by means of microtargeting mechanisms. It is therefore necessary to understand the challenges this scenario poses to the regulation of election advertising in Brazil. I will therefore present, though in a non-exhaustive fashion, its current regulation status, aiming at analyzing the principles which rule political advertising, as well criticizing some of its rules, and alsoshowing the specific norms which regulate internet campaigning, as far as 2017s legislation reform. In this, I utilize not only legal rules such as the Constitution, the Electoral Code, the Elections Law and the Political Parties Law but also the Superior Electoral Courts Resolutions and rulings as well as specialists teachings on politics and electoral campaigns, national as well as foreign. Once this legislation scenario has been established, I will bring up the big data phenomenon concepts, technical matters as well as its reflection on society ingeneral, on the internet infrastructure in particular especially on social networks and, lastly, on individualized, segmented political advertising. I will highlight here the works of techno-sociologist Zeynep Tufecki and data scientist Cathy ONeil, as well as other technology researchers. In order to better understand the risks and possibilities big data presents to elections, I will approach the Cambrigde Analytica example, which has become the focus of global concern. Having identified potential problems, it is necessary to get to know the mechanisms we can count on to deal with them, which leads us to a brief presentation of data regulation in Brazil. Furthermore, I will evaluate the legal treatment on the ad amplification in electoral campaigns, taking into account legislation, Courts resolutions, specialists teachings, as well as the stand some platforms have taken on the matter. In the end, I identify the not so few challenges our legislation faces when it comes to big data and microtargeting in electoral campaigns, highlighting the need for a newtheoretical approach, more precisely, Chantal Moufffes Agonistics.