A segurança jurídica do consumidor sob a influência do marketing digital

Abstract

The evolution of the information technologies experienced in the last decades, combined with the advent of the internet, has promoted a true cultural transformation of society marked by the dissolution of communication barriers. On this context emerges the Information Society; this paper aims on the analysis this evolution, associated with the recent publicity phenomenon of the digital influencers, about the bias of civil liability arising from misleading and abusive advertising. In addition to analyzing the growth on the advertising market originating from digital media, it was pointed out if the digital influencer could be objectively and severally liable to the supplier for accountability purposes based on the Consumer Defense Code, besides other regulations on advertising activity. The objective was to demonstrate the compatibility of the CDC to determine the liability of digital influencers, over examination of the doctrine, self-regulatory agencies statements and previous decisions of the court. It was pointed out that although the order expressly refers to misleading and abusive advertising, remains a significant number of posts, made by influencers, on daily basis the legal boundaries; on this context, urges the development of methods to control in a rigorously the advertising activity on virtual environment, in order to keep the consumer rights safe