Social Media, Politics, and Law: The Role of Data in the Brazilian Constitutional Democracy

ABSTRACT Contemporary manifestations of power that exceed the traditional nation-state paradigm undermine Western constitutional democracies’ foundational principles. The Cambridge Analytica scandal demonstrates how non-state actors can exercise control and bypass individual political autonomy by exploring personal data and through manipulative practices. In Brazil, similar electoral practices occurred during the 2018 election period, in which political propaganda transcended traditional media outlets through social media platforms, such as WhatsApp and Facebook. This arose as one of the consequences of the political reform established in through Legislative Act no. 13.488/2017. This article proposes an investigation into the intersection between knowledge and power in the mechanism of manipulation of political subjects, considering Michel Foucault’s critique of sovereignty, and conflating this under- standing with Bernard Harcourt’s consideration of “digital power.” The aim is to evaluate the intricacies between digital media, politics, and law, addressing the complexity of power structures in the material and cybernetic space.