Responsabilidade civil dos influenciadores digitais na publicidade dos cassinos online no Brasil

Abstract

The present course completion paper aims, as a general objective, to study the civil liability of digital influencers in the advertising of online casinos in Brazil, analyzing the legal, social, and economic implications of this practice within the Brazilian legal framework. Initially, online casinos in Brazil are addressed through their historical evolution and regulatory framework, starting with the concept and classification of gambling, the historical development of Brazilian legislation on gambling, from the prohibition established by Decree-Law No. 9,215/1946 to recent legislative modifications. Next, the social and economic impacts of online casinos are examined, addressing issues related to mental health effects, family relationships, and the Brazilian socioeconomic structure. Subsequently, a detailed study of Law No. 14,790/2023 and the new regulation that established the basis for the partial legalization of online casinos is conducted. In the second phase, the marketing and advertising strategies of online casinos are analyzed, which use highly targeted techniques, personalized algorithms, and digital influencers to reach vulnerable audiences, as well as illicit practices in gambling advertising. Finally, the central theme concerning the civil liability of influencers in online casino advertising is addressed, beginning with the definition and characterization of digital influencers, followed by an analysis of the use of digital influencers as an advertising strategy in the betting sector. Lastly, and as the central theme, the study focuses on the liability of digital influencers, analyzing the application of the Brazilians Civil Code, Consumer Defense Code and Law No. 14,790/2023. In this context, the civil liability of influencers is configured as an important mechanism for consumer protection and control of abusive advertising, but a more robust and integrated regulatory framework is still necessary to adequately address the challenges imposed by the digital age and the massification of online gambling in Brazil.