Abstract
The research stems from the current problem of digital inequality, which reproduces new forms of structural discrimination. The study identified that the In-ternet, as the axis of contemporary life, redefines the exercise of fundamental rights. Therefore, the objective was to analyze how the principle of equality and non-discrimi-nation was reconfigured in the digital era through Kafka’s interpretive metaphor in The Metamorphosis. The study adopts an analytical, comparative, and qualitative approach that combines textual and legal analysis of Kafka’s work on digital equality. In addition, it employs an interpretive–hermeneutic method aimed at identifying new dimensions of digital discrimination. The findings revealed that digitalization, far from eliminating inequalities, deepened the exclusion of vulnerable groups such as older adults, women, and rural communities. Existing public policies and regulations were insufficient to en-sure equitable access and a «digital minimum» of rights. Law reacted slowly to techno-logical transformations, limiting its protective capacity. The study argues that digital equality requires an adaptive legal approach capable of anticipating the consequences of technology. Hence, it proposes consolidating a «digital minimum» that guarantees access, literacy, and effective participation. Legal metamorphosis consists in acknowledging that digital exclusion is structural and that true justice in the technological era means belonging, not merely connecting.
| Translated title of the contribution | Gregory Samsa and the New Dimensions of Discrimination in the Digital Era |
|---|---|
| Original language | Spanish (Ecuador) |
| Pages (from-to) | 133-150 |
| Number of pages | 18 |
| Journal | Revista de estudios de la justicia |
| Volume | 43 |
| Issue number | 43 |
| DOIs | |
| State | Published - 31 Dec 2025 |
Keywords
- Digital era
- digital exclusion
- digital divide
- digital inclusion
- technological transformation
- digital minimum
- digital discrimination
- fundamental rights
CACES Knowledge Areas
- 133A Law
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