Para além da coercibilidade: o papel dos algoritmos na economia comportamental e a construção de um direito do trabalho global solidário

Abstract

This paper investigates how behavioral economics can operate as an instrument for implementing solidarity in labor relations mediated by algorithms on a global scale. Globalization, by relativizing borders and consolidating the hegemony of financial capital, has transformed the dynamics of production and shifted the normative axis of power from the State to economic agents. In this context, the platformization of labor relations has imposed a new model of subordination, structured around algorithmic management of work and the transfer of risks to workers. The central problem lies in understanding how to protect workers in the face of the erosion of traditional guarantees, within a scenario marked by the absence of effective state coercion and the expansion of behavioral control technologies. The relevance of this study arises from the need to rethink the foundations of Labor Law — especially regarding international relations — in light of the transformations brought about by the digital economy. Its originality lies in associating behavioral economics with the promotion of cooperative and solidaritybased conduct among economic agents. By shifting the focus from coercion to persuasion, the research argues that algorithms, rather than instruments of exploitation and surveillance, can serve as tools for constructing ethical and responsible practices within the global sphere. The general objective is to demonstrate how behavioral economics, through algorithmic mechanisms, can transform solidarity into an operative legal value capable of restoring balance between capital and labor in the international domain. To achieve this purpose, the research adopts a qualitative approach of exploratory and analytical nature, grounded in the hypothetical-inductive method. The techniques employed include bibliographical review, documentary research, and theoreticalconceptual analysis. The findings indicate that behavioral economics, by replacing coercion with positive incentives (Nudges), favors the development of choice architectures oriented toward cooperation and social sustainability. The proposed implementation of sludge audits enables the monitoring and correction of algorithmic distortions (Sludges), reinforcing transparency and accountability in digital platforms. The study concludes that consolidating a global labor law grounded in solidarity requires the integration of ethics, technology, and behavioral economics, paving the way for a new normative paradigma, less coercive and more collaborative, aimed at achieving social justice on a global scale.