O PROTAGONISMO DO DIGITAL INFLUENCER

UMA ANÁLISE DA RESPONSABILIDADE CIVIL POR DANO AO CONSUMIDOR FRENTE A EXPANSÃO DO E-COMMERCE

Abstract

This article aimed to analyze the legal reflexes caused by consumer relations intermediated by digital influencers, through the prism of civil liability in the face of the vulnerability of their followers / consumers. And its specific objectives are to discuss the reflexes of the role of the digital influencer in the consumer society with the expansion of e-commerce; know the advertising mechanisms and how they are discussed in the Brazilian legal system; analyze the social repercussion of advertising carried out by digital influencers; and verify which civil and consumer rules apply to this topic. The relevance of the theme is fundamental, since digital influencers have a strong presence in the virtual scenario, used by almost the entire population of all age groups and, therefore, since it is a scenario with a diversified audience, the possibility of reaching hypervulnerable consumers, making it necessary, therefore, for consumers to know their rights and influencers to be aware of their duties towards their followers. In this way, the social reflexes caused by this reality deserve special attention from the powers, both legislative and judicial, and from society. The methodology applied in the present study will be the narrative bibliographic research, based on the analysis of doctrines, legislation, scientific articles, jurisprudence pertinent to the theme. As a result, it was obtained the application of strict liability in damages caused to consumers in the consumerist relationship formed through the digital influencer. It was concluded that it is necessary to adapt legislation in view of the peculiarity of the case, as well as legal assistance to the digital influencer in the exercise of their activities.

Keywords: Digital influencers. Civil responsability. Consumer vulnerability.