SURVEILLANCE CAPITALISM AND BRAZILIAN SOCIETY: A CRITICAL AND JURISPRUDENTIAL ANALYSIS BASED ON SHOSHANA ZUBOFF

Abstract

This article critically analyzes the theory of surveillance capitalism developed by Shoshana Zuboff, articulating it with the contemporary Brazilian reality. The central problem investigated lies in how the massive extraction of personal data, driven by large technological corporations, affects fundamental rights in Brazil, deepening social inequalities and compromising the informational sovereignty of the country. The main objective is to examine how surveillance capitalism manifests in the Brazilian context, especially in relation to digital inequality, the use of facial recognition technologies by the state, the management of sensitive data in public policies, and the legal challenges for the protection of privacy. The adopted methodology is of a theoretical-conceptual and exploratory nature, with a literature review of the main works on the subject – highlighting Zuboff (2019) – and analysis of Brazilian jurisprudence, especially paradigm decisions from the Supreme Federal Court (ADI 6.387 and ADI 5527) and the Superior Court of Justice regarding data protection. In the final considerations, it is concluded that Brazil faces specific challenges in containing the practices of surveillance capitalism, due to the combination of structural inequalities, technological dependency, and institutional weaknesses. However, there is also an observation of the emergence of significant resistances, both in the regulatory field – with the enactment of the LGPD and the actions of the ANPD – and in the Judiciary's and civil society's actions. The article highlights the need to strengthen public policies, regulations, and social movements to ensure the protection of fundamental rights in the digital age.