THE ILLUSION OF CONSENT: THE EXPANSION OF DARK PATTERNS OF DESIGN AND THE REGULATORY SIEGE IN BRAZIL

Abstract

The growing use of dark patterns on digital platforms has increased challenges related to consumer autonomy protection and transparency in consumer relations. These manipulative design strategies exploit cognitive biases to influence decisions, compromising informed consent and favoring commercial interests at the expense of users' freedom of choice. In this context, this study aimed to analyze the expansion of dark patterns on digital platforms, investigating their impacts on consumer autonomy and the ethical-legal responses developed within the Brazilian regulatory framework. To this end, a qualitative research of exploratory and descriptive nature was conducted, based on an integrative literature review and documentary analysis of legal norms, case law, and institutional documents. The results showed that dark patterns go beyond usability issues, constituting a multidisciplinary problem involving technological, behavioral, ethical, and legal aspects. It was also found that, although Brazil lacks specific regulations on these practices, instruments such as the Consumer Protection Code, the General Data Protection Law, the actions of the Superior Court of Justice, and the National Council for Advertising Self-Regulation constitute relevant mechanisms for their mitigation. It is concluded that addressing dark patterns effectively requires an integrated approach, combining regulation, ethical software development, and user-centered design, in order to strengthen consumer autonomy, transparency, and digital consumer protection.