ALGORITHMIC COGNITIVE POWER AND GENDER-BASED VIOLENCE: COGNITIVE FREEDOM AND NEURO-RIGHTS IN DIGITAL CONSTITUTIONALISM

Abstract

Advances in algorithmic systems and artificial intelligence technologies have redefined the ways in which power is exercised in contemporary societies, ushering in a form of influence that is diffuse, personalised and opaque, capable of directly affecting the formation of individual will and cognitive processes. In this context, this article investigates the relationship between algorithmic power and gender-based violence in the digital environment, highlighting how the operational logic of platforms—guided by engagement metrics and data exploitation—contributes to the reproduction and intensification of structural asymmetries. The starting point is the hypothesis that the Brazilian legal system, although it possesses relevant instruments, proves insufficient to address the systemic risks arising from the operation of these technologies, particularly with regard to the protection of cognitive freedom and mental integrity. A legal-dogmatic methodology is adopted, based on a review of national and international literature, integrating categories from constitutional law, the theory of fundamental rights, and studies on digital regulation. It is argued that gender-based cyberviolence constitutes a contemporary expression of digital vulnerability exacerbated by algorithmic architectures that amplify discriminatory discourse and abusive practices. Against this backdrop, the recognition of neuro-rights as autonomous fundamental rights is proposed, capable of ensuring the protection of mental privacy, personal identity and free will in the face of new forms of technological intervention. It is concluded that moving beyond the regulatory paradigm centred on platform self-regulation requires the development of algorithmic governance guided by fundamental rights and human dignity, capable of subjecting technological development to constitutional limits and promoting a safer, more inclusive and democratic digital environment.