Responsabilidade civil dos influenciadores digitais: publicidade enganosa e a proteção dos consumidores

Abstract

This monograph aims to examine the civil liability of digital influencers regarding the dissemination of misleading advertising on their social media platforms and the impacts of this practice on contemporary consumer relations.The study begins by contextualizing the consumer society and the strategic importance of the internet as the primary advertising medium, emphasizing the rise of digital influencers as figures with significant persuasive power over consumers. Subsequently, it analyzes misleading advertising within the Brazilian legal system, based on the provisions of the Consumer Defense Code. This analysis highlights the principles of authenticity, transparency, identification, and good faith, as well as legal provisions that prohibit abusive or misleading practices, even in the absence of concrete damages.The adopted methodology was the deductive method, carried out through bibliographic reviews, doctrines, academic articles, and relevant legislation. Through the analysis of specific cases, it's concluded that digital influencers, by associating their image with the promotion of products or services, become part of the consumer chain and, consequently, can be jointly and severally liable for damages caused to consumers. It was also found that their conduct must comply with the guidelines of the Advertising Self-Regulation Code and the principle of clear advertising identification, under the risk of characterizing invisible and illegal advertising.Thus, it is inferred that the civil liability of digital influencers is legal and essential to ensure consumer protection against new dynamics of consumption and communication. Therefore, the study suggests strengthening specific regulations and increasing the presence of oversight bodies, as well as greater awareness among influencers regarding the legal obligations associated with their activity. The research highlights the importance of the topic for consumer law and proposes new directions for the regulation of advertising practices in the digital environment