Concentração de mercado das gigantes de tecnologia : desafios e caminhos para a efetividade dos direitos humanos em uma sociedade transnacional

• Ano de defesa: 2022
• Autor(a) principal: Matos, Yuri Matheus Araujo
• Orientador(a): Machado, Luciana de Aboim
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Programa de Pós-Graduação: Pós-Graduação em Direito
• Palavras-chave em Português: Direito; Controle social; Supranacionalidade; Polifonia
• Palavras-chave em Inglês: Bigtech; Machine learning; BigTech; Social control; Supranationality; Polyphony
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://ri.ufs.br/jspui/handle/riufs/15041

This research objectifies to understand the phenomenon of the giants of technology trade concentration (the BigTechs Apple, Amazon, Google; Alphabet and Facebook), through the use of the artificial intelligence (AI). For this purpose it is done a comparative analysis with the acts of trade concentration from XIX century in United States, stimulates by the own State, and later object of restriction of the Sherman Act. The institutional answers of these times were also comparated to the present ones, specially the United States Congress report about trade concentration of the BigTechs in 2020. Their proposals were analysed in comparison with the methods of use of the machine learning for the monopolization plataforms, and the way of occourrence of the phenomenon in the social field. It was observed that, in addition to they do not fix the matter, the institutional answers restrain the introduction of eventual diffuse solutions, ensuring, in practice, a safe-conduct to the monopoly of the BigTechs. The institutional limitation stems from the characteristic of global and intersectorial domination, and the impossibility of processing and control of the large number of acts practices by the AI. Besides, it is a result of the incomprehension about the decision parameters and of the AI languagem, that goes beyond the state capacity. Finally, it stems, specially, from the behavioral influence, through the cross monopoly, practiced by the BigTechs over the way of think and act of the consummers. In the social practice, the impose specific world and life understandings, beyond the one-way and monophonic language, building, through the social enviroment, total overall monopolies. Faced with the problem of the limitation of the institutional solution, are studied the possibility of recognition of the traditional mechanisms, the reduction of the protectionism state tools on the BigTechs (including in face of the international competition), techniques of simplification of the simplifying the fulfillment of ancillary obligations, to allow new market entrants, ways of promotion of the startups development, an administrative stepby-step to the enlargement of the popular participation in the political decision taking in matters related to the trade concentration of the BigTechs, and, specially, the positive behavioral State stimulus through the nudges, beyond the ways to promote the openning of the decision taking method of the AI of the BigTechs to a social, supranational and transconstitutional control. For thes purpose it is adopted the Heideggerian phenomenological method, under under Gadamerian theoretical framework, with the support, in specific moments of the work, of deductive and archeological-paradigmatic techniques.