BETWEEN CLICKS AND CONTRACTS: THE TRIVIALIZATION OF THE MANIFESTATION OF WILL IN ELECTRONIC CONTRACTS

INTRODUCTION: This study examines the phenomenon of the trivialization of the manifestation of contractual will in electronic adhesion contracts. This phenomenon is understood as the progressive substantive erosion of consent resulting from the automation of choices and the repetitive, mechanical act of assenting to contractual terms. The study examines its implications for the legal validity of consent under the Brazilian legal system and the comparative European legal framework. AIMS: The main objective of this study was to critically analyze this phenomenon by investigating the validity of consent obtained in contexts of information asymmetry, in light of the principle of informational self-determination and the protection of personal data, as well as to propose interpretative guidelines for the reconstruction of private autonomy in the digital environment. MATERIALS AND METHODS: A qualitative theoretical approach was adopted through a systematic review of legal literature, case law analysis, and comparative legal research, covering the period from 2018 to 2026. To this end, the following sources were consulted: Google Scholar, SciELO, the CAPES Journal Portal, the Minha Biblioteca platform, as well as the official databases of the Brazilian courts and the official website of the Brazilian National Data Protection Authority (ANPD). RESULTS: The findings demonstrated that the trivialization of the manifestation of contractual will in electronic adhesion contracts results from a structural configuration of the digital environment characterized by information asymmetry, the deliberate use of dark patterns and manipulative nudges, and the unilateral imposition of contractual clauses drafted in highly technical language. These circumstances compromise the requirements of freedom, information, and unambiguity established by the Brazilian General Data Protection Law (LGPD), the Brazilian Civil Code, and the Brazilian Consumer Protection Code. It was further found that consent to the processing of personal data is frequently deprived of its decision-making content when incorporated as an ancillary clause into contractual packages accepted as a single package. The comparative legal analysis and the examination of Brazilian case law demonstrated that mere formal electronic acceptance is insufficient to constitute legally valid consent and that the visual asymmetry of consent interfaces constitutes an autonomous legal violation, as recognized by the European regulatory framework, whose underlying principles may guide the interpretation of the Brazilian legal system. FINAL CONSIDERATIONS: It was concluded that the principal challenge concerning digital consent does not lie in the absence of legislative instruments, but rather in the need to recognize that the architecture of digital interfaces concretely influences the formation of the user’s contractual will. Accordingly, the validity of consent must be assessed as a process conditioned upon the existence of adequate information, effective understanding, and genuine freedom of choice, requiring a more systematic and consistent interpretation of the legal instruments already available within the Brazilian legal system.

KEYWORDS: Electronic adhesion contracts; Trivialization of the manifestation of contractual will; Consent; Dark patterns; Personal data protection.