Psicopolítica, sociedade digital e ansiedade coletiva: desafios jurídicos à proteção da saúde mental e dos direitos fundamentais de crianças e adolescentes na era do controle invisível

Abstract

This work proposes a critical analysis of the impacts of digital society on mental health and fundamental rights, based on the theory of psychopolitics developed by Byung-Chul Han and on the reflections of social psychologist Jonathan Haidt regarding the so-called "anxious generation." It is based on the hypothesis that technological advancement, combined with the invisible control of emotions, desires, and behaviors, compromises the psychological wellbeing of both adults and children, requiring more effective and up-to-date legal responses. The research draws its legal foundations on upon the Federal Constitution of 1988, the Statute of the Child and Adolescent (ECA), the General Data Protection Law (LGPD), and international human rights treaties as legal foundations. It is argued that the law needs to keep pace with new forms of domination that are imposed not by force, but by algorithmic power and behavioral surveillance.The study also highlights the urgency of the roles of the State, schools, and families as protective agents, proposing an interdisciplinary perspective on fundamental rights in the digital age and recognizing mental health as a collective legal asset under constant threat.