
doi: 10.2139/ssrn.6704359
This article analyzes the structural transformations of freedom of expression and labor relations within the context of the network society, characterized by the centrality of digital platforms and the emergence of algorithmic power. It argues that classical models of liberal constitutionalism, while essential for the protection of fundamental rights, are insufficient to address contemporary dynamics shaped by the technological mediation of information and the reorganization of labor structures. In this context, the concept of informational entropy is proposed as a category to describe the structural degradation of communicational flows, reflected in the loss of predictability, transparency, and reliability in the formation of public opinion. The article further contends that this phenomenon extends beyond the informational sphere, directly impacting platform-mediated labor relations. The platformization of labor is examined as a correlated manifestation of this new architecture of power, in which algorithmic systems assume functions of coordination, control, and evaluation. The lack of transparency regarding task allocation, remuneration criteria, and continuity of work generates structural informational asymmetry, undermining predictability and hindering the identification of rights and legal protections. The interaction between informational entropy and platformized labor reveals the consolidation of a structural form of private power, exercised by digital platforms that function as de facto regulatory entities without corresponding normative density or democratic oversight. This scenario exposes significant regulatory deficits in both the field of freedom of expression and labor protection, leading to legal uncertainty and the erosion of fundamental rights. Adopting an interdisciplinary legal-theoretical approach, the article argues for the need to reconfigure the foundations of contemporary constitutionalism, pointing toward the development of digital constitutionalism as a framework capable of addressing the centrality of algorithms in organizing social life, safeguarding factual truth, and establishing proportional standards of accountability, transparency, and social protection within digital platforms.
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