Os desafios e obstáculos da proteção do consumidor no comércio eletrônico: fraudes digitais e a responsabilidade civil das plataformas online

Abstract

The growing universalization of the internet has boosted e-commerce in Brazil, promoting the development of multiple business models, such as marketplaces and dropshipping services, but exposing consumers to significant risks, notably digital fraud. The objective of this work is to analyze the challenges and obstacles of consumer protection in e-commerce, focusing on the civil liability of online platforms for digital fraud. The methodology employed was a bibliographic review, with a qualitative approach, which covered the analysis of the Consumer Defense Code (CDC), the Civil Rights Framework for the Internet (MCI), and Decree No. 7,962/2013, as well as specialized and relevant doctrine, especially the decisions of the Superior Court of Justice (STJ). The results demonstrate that intermediary platforms qualify as service providers, integrating the supply chain and earning economic profit (direct or indirect). It was found that the applicable civil liability regime is strict and joint, based on the Theory of Enterprise Risk. Security failure in the intermediation service constitutes a defect, and liability can only be ruled out upon proof of legal exclusions, such as external fortuitous events. It is concluded that the protection of the digital consumer, characterized by hypervulnerability, requires the cohesive application of the "dialogue of sources" among the provided legislation, ensuring that the duties of security and information are provided completely by the platform.