Hacked sovereignty, the state held hostage by algorithms

between tech-feudalism and the reinvention of the rule of law

Abstract

This article analyzes the crisis of state sovereignty in the face of the advancement of digital platforms and algorithmic governance, a phenomenon referred to here as "Digital Pangea." The central problem lies in the insufficiency of traditional legal categories to contain the transnational power of Big Techs, which operate under the logic of surveillance capitalism and tech-feudalism. The general objective is to investigate how algorithmic architecture challenges the Rule of Law and what response mechanisms exist within the Brazilian and international legal systems. Methodologically, the research is qualitative and exploratory, with a dogmatic-legal character, based on an interdisciplinary bibliographic review and documentary analysis of normative sources, including the General Data Protection Law (LGPD), the Civil Framework for the Internet, and international regulations such as the GDPR and the EU AI Act. The results indicate that the deterritorialization of the digital economy and algorithmic opacity erode constitutional jurisdiction, requiring a transition to a Global Rule of Law and transnational digital governance. It is concluded that, although Brazil has advanced with regulatory frameworks and protective jurisprudence from the Supreme Federal Court, the effectiveness of digital sovereignty depends on international cooperation and the ethical regulation of Artificial Intelligence to prevent the consolidation of a new technological feudalism.