Responsabilidade civil dos influenciadores digitais por danos decorrentes da publicidade de apostas online

Abstract

The accelerated expansion of digital marketing, coupled with the rising influence of social media personalities, has created a new commercial landscape that demands a strict analysis of the legal duties of content creators, especially concerning the promotion of high-risk services, such as electronic betting platforms, now regulated by Federal Law No. 14.790/2023. This study focused on examining the normative framework for attributing civil liability to these influencers for damages resulting from fraudulent or excessive advertising practices in the context of gambling. Through a methodology combining bibliographic review across areas like Consumer Law, Private Law, and Digital Law, with documental analysis focused on the CDC (Consumer Defense Code) and the new sectorial legislation, the investigation concluded that the digital agent, by obtaining economic benefit and actively participating in the promotion of goods and services, must be legally integrated into the supply cycle under a co-responsibility regime, as established by Article 3 of the CDC. The central proposition of the article is the adoption of liability under its objective and joint regime, anchored in the Theory of Activity Risk (Art. 927, Sole Paragraph, of the Civil Code). This attribution is justified by the failure to comply with the burden of detailed information and the clear violation of the advertising restrictions stipulated in Law No. 14.790/2023, thus characterizing the conduct as illicit advertising (Art. 37 of the CDC). In summary, the artifice of simulated proximity intensifies the user's vulnerability and aggravates the conduct of the digital promoter, making the objective and joint liability regime the most effective legal solution to safeguard consumer rights and curb material and immaterial losses resulting from non-compliance with advertising norms in the online betting ecosystem