FUNDAMENTAL RIGHTS IN THE DIGITAL AGE: SILENT CONSTITUTIONAL MUTATION THROUGH TECHNOLOGICAL MEDIATION

Abstract

This article aims to analyze how the technological revolution transforms the interpretation and application of fundamental rights, without formally modifying the constitutional text. Using a deductive method, with a qualitative and exploratory approach, based on bibliographic and documentary review, it examines the reconfiguration of rights such as privacy, freedom of expression, and data protection in the digital environment. Subsequently, it presents the regulatory frameworks, precedents from the Brazilian Supreme Federal Court (STF), the Superior Court of Justice (STJ), and foreign courts, aiming to examine the jurisprudential recognition of this contemporary challenge that often reproduces and amplifies inequalities, uncertainties, and misinformation. The results demonstrate that technology acts as an informal vector of mutation of the constitutional text, expanding, contracting, or re-signifying rights through algorithmic mechanisms, digital platforms, and artificial intelligence systems. Finally, it concludes that this silent transformation demands a new hermeneutical understanding, capable of recognizing and regulating rights, through articulation between ethical responsibility, digital social inclusion, protection of human dignity, and preservation of democracy.