Algorithmic determinism and consumers' right to choose and the worsening of their vulnerability

Abstract

The present study focuses on the impact of artificial intelligence (AI) controlled by suppliers on consumers' fundamental right to choose in the digital market. The core issue revolves around the concept of algorithmic determinism, which employs big data processing to predict behaviour and limit decision-making autonomy. This transformation of freedom of choice into a "fictitious freedom" is a key concern. The overall objective is to analyse the worsening of structural digital vulnerability and the need for public policies and ex ante regulatory governance to protect consumers' right to choose. The approach taken was qualitative, exploratory, and descriptive, grounded in bibliographic and documentary research using analytical reasoning. The results demonstrate that tools such as profiling, nudges, and dark patterns promote "algorithmic colonization," resulting in discriminatory practices such as the Pink Tax and geopricing. These mechanisms effectively transform consumers into mere informational assets, exacerbating their vulnerability. The article concludes that the current reactive legal system is inadequate and proposes a systematic interpretation of the Consumer Protection Code and the LGPD. The study's key contribution lies in its defence of transparency and the right to an explanation (Art. 20 of the LGPD) as vital tools for safeguarding human dignity and decision-making sovereignty in the face of surveillance capitalism.