DIGITAL PRIVATE POWER AND FUNDAMENTAL RIGHTS: CONSTITUTIONAL PARAMETERS FOR DIGITAL PLATFORM GOVERNANCE

Abstract

This article investigates the constitutional parameters capable of guiding and limiting the exercise of private power by digital platforms. It starts from the premise that the concentration of economic and informational power within these structures challenges the traditional legal categories governing private relationships, requiring a constitutional response consistent with the role these actors now play in the digital environment. The study adopts a dialectical approach and is based on bibliographical and documentary research developed through a systematic interpretation of the Constitution, legislation, case law, and specialized scholarship. It first examines the constitutional foundations for the application of fundamental rights in private relationships. It then analyzes platform governance as a contemporary form of private power capable of affecting fundamental rights. Finally, it identifies constitutional parameters to guide and legally constrain such governance, emphasizing human dignity, personal data protection, proportionality, and transparency in automated decision-making. It concludes that the governance of digital platforms requires specific constitutional parameters compatible with the contemporary configuration of private power in the Constitutional State.