Algoritmos e marketing digital: a vulnerabilidade acentuada do consumidor ante a utilização abusiva e discriminatória na publicidade

Abstract

The present work seeks to deal with the use of algorithms for advertising purposes in order to increase the chances of acquiring the product or service offered to the consumer. However, the investigation hypothesizes that such technology has caused the sharp weakening of the consumerist citizen (average man), as well as has been used in order to generate abusive and discriminatory practices in the consumerist market, situations that show themselves as the problems that are going to be analyzed. In this sense, the theme, linked to the subjects of consumer relations law and digital law, aimed, at first, to analyze the marked vulnerability of the consumer in the face of the use of such mechanisms in advertising, having this premise materialized. In a second bias, it is proposed to examine, from the study of 4 (four) cases, the occurrence of discriminatory and abusive treatment, a situation that was also observed. On this point, it will be observed, initially, the situation involving Corinthian College and the use of predatory ads to attract people considered vulnerable. The display of advertisements endowed with racial and gender bias by Facebook. The racist treatment that is conferred by the algorithm used by Google in the placement of advertisements about criminal records, which appear more frequently for people with names considered to be from black groups. Finally, the complaint of the Brazilian digital influencer Sá Ollebar, who found that Instagram prioritizes the reach of posts that contain photos of people of white ethnicity. Regarding the methodology, the present investigation uses the hypothetical-deductive scientific method, being considered, from the point of view of its nature, applied. Dialectical, sociological-monographic and legal-descriptive techniques will also be used. The approach to the problem will be carried out through a qualitative bias, also presenting, from the point of view of its objectives, an exploratory bias. Finally, about the technical procedures used, there is the bibliographic, the documentary and the case study.