A (im)possibilidade de aplicação da responsabilidade civil em face da publicidade ilícita feita pelos influenciadores digitais na sociedade de consumo

Abstract

This study addresses the complex issue of civil liability of digital influencers in relation to products and services advertised on their social networks. He wants to discuss the possibility of liability for the spread of illicit advertising. To do this, firstly, it aims to understand the evolutions and characteristics of industrial revolutions and the way in which these events shaped consumerist culture. It then analyzes the new dynamics introduced by marketing and social networks, introducing the figure of the influencer, its role in consumerist society and the way it operates, as well as potential illegalities in the dissemination of advertising content, through abuse, deception or concealment of advertising. Finally, the research examines specialized literature and case law from real cases to understand how digital influencers are being held responsible in practice and the nature of this civil liability. This is research with a phenomenological approach, which sought to reveal the influencer's responsibility in illicit advertising practices on social networks, as well as their implications. The use of historical, observational and monographic procedural methods, combined with bibliographic and documentary research techniques, allowed us to improve knowledge and interpretation of the phenomenon under the auspices of Civil Law and Consumer Law. The lack of doctrinal and jurisprudential consensus results in the courts' resistance to recognizing the consumer relationship, preferring to approach the issue from a subjective perspective and sometimes completely dismissing the CDC, while the majority doctrine defends inherently objective liability, regardless of of the existence of guilt. It is concluded that the responsibility of the digital influencer should not be ignored, as they predominantly form an integral part of the consumption chain, and therefore the comparison with the supplier appears appropriate. The incidence of consumer legislation in the reported cases is undeniable. In turn, CONAR plays a valuable role, promoting guidelines and recommendations that guide the creation of digital advertising by influencers. Regulation of the influencer profession is imperative, in order to establish greater legal certainty and liability for damages and fraud. The current mismatch between the actions of the Judiciary, doctrine and technological innovations harms consumers, who face a lack of transparency and vulnerability. Legal depth and appropriate legislation are needed to address the issues associated with advertising and the responsibility of digital influencers in the current consumer context.