The Algorithmic Panopticon and the Decay of Substantive Due Process: Constitutional Safeguards against Predictive Jurisprudence and Tech-Driven Executive Overreach

Dear Colleagues and Members of the Academic Community, I am pleased to share my latest research paper uploaded to Academia.edu, entitled "The Algorithmic Panopticon and the Decay of Substantive Due Process: Constitutional Safeguards against Predictive Jurisprudence and Tech-Driven Executive Overreach". This doctoral-level paper addresses a critical intersection in modern public law: the structural erosion of fundamental rights caused by the integration of predictive algorithms, automated risk assessments, and artificial intelligence into judicial decision-making and executive enforcement. Through a rigorous dialectical structure, the article examines how the traditional constitutional promise of substantive due process is being systematically compromised by an administrative drive for computational efficiency. By replacing individualized, contextual analysis with historical mathematical aggregates, the state fundamentally alters the presumption of innocence, shifting an unconstitutional burden of proof onto the citizen. To bridge the gap between theoretical critique and practical accountability, the text integrates perspectives from Constitutional Theory, Lacanian Psychoanalysis, and Foucault’s Biopolitics, alongside an in-depth comparative legal analysis of landmark international cases, including: State v. Loomis (Wisconsin Supreme Court, USA); The SyRI Precedent (District Court of The Hague, Netherlands); The SCHUFA Holding AG Ruling (Court of Justice of the European Union). The paper concludes by proposing a novel, actionable framework titled Techno-Constitutional Due Process. This model establishes clear regulatory pillars—such as the Principle of the Rebuttable Presumption and the Mandate of Cognitive Reconstruction—designed to ensure that automated state systems remain strictly subordinate to human agency, adversarial challenge, and the rule of law. The complete, fully formatted PDF manuscript is available for download on this profile. I welcome your insights, citations, and critical feedback as we navigate the complex future of constitutionalism in the algorithmic age. Sincerely, Northon Salomão de Oliveira Researcher in Constitutional Law, Legal Theory, and Tech-Governance