BETWEEN POWER AND FREEDOM: PERSONALITY RIGHTS AT RISK IN A PSYCHOPOLITICAL MODEL OF POWER AND THE ROLE OF PUBLIC POLICIES AS A PROTECTION MECHANISM

Abstract

In the contemporary digital paradigm, information and communication technologies enable sophisticated forms of behavioral influence, configuring what Byung-Chul Han calls psychopolitics. Although the legal literature recognizes the risks of digital surveillance to fundamental rights, there remains a gap in how psychopolitical manipulation specifically affects personality rights in the Brazilian legal system. To analyze how digital psychopolitics compromises personality rights, especially freedom, privacy, and mental integrity, and to propose a public policy framework for their effective protection. Through a systematic review of specialized literature, documentary analysis of Brazilian legislation (Civil Code, LGPD, Internet Civil Rights Framework), and examination of the Superior Court of Justice's case law on personality rights in the digital environment, it was identified that psychopolitics operates through three main mechanisms of violation of personality rights: (i) mass collection of personal data compromising privacy; (ii) algorithmic manipulation of individual choices restricting real freedom; (iii) digital emotional conditioning harming mental integrity. The Brazilian legal system has adequate normative instruments, but it needs specific public policies for algorithmic monitoring, critical digital education and strengthening of informational self-determination as an autonomous personality right.