Is algorithmic consent a transformative figure in the theory of legal transactions and contracts?

Abstract

The article examined the impact of technological development on contemporary contracting,highlighting its impact on adhesion contracts and general contracting clauses specific to masscontracting. In this context, I propose to analyze the figure of algorithmic consent and evaluate itseffects on the declaration of voluntary and private autonomy of contractual subjects. Theinvestigation was developed using legal-doctrinal methods, complemented with empirical andcomparative approaches, which allows addressing both the theoretical and practical dimensions ofthe phenomenon. From there, the work studied algorithms, in particular through the integration ofartificial intelligence and blockchain technologies, focusing on the formation and execution ofcontracts. The results showed that algorithmic consent acquires special relevance in smart contractsconcluded by artificial agents, where human intervention is significantly reduced. This situationtransformed the private autonomy of the parties and introduced a profound reconfiguration of thetheory of legal business, admitting the possibility of concluding contracts without the directparticipation of physical persons. It was concluded that algorithmic consent on the ground implies atechnological adaptation, as well as a structural transformation of the declaration of voluntary andprivate autonomy into contemporary contractual law.