A responsabilidade civil dos “influencers”: uma análise jurídica acerca do impacto da publicidade abusiva na era digital

Abstract

Due to the growth of social media, new forms of advertising have emerged in the market, based on the promotion of products and services through the image of digital influencers. Despite their positive impact in driving consumption, this practice raises complex legal issues, particularly concerning the civil liability of influencers in cases of abusive advertising on digital platforms. In this context, this project aims to analyze the current legal understanding regarding the feasibility of such liability, comparing different jurisdictions and highlighting the contradictions between the reach of digital influence and the application of traditional consumer protection norms. The research examines the consumer relationship between content creators and their followers, equating them, respectively, to suppliers and consumers, in order to explore the conflict between the Consumer Defense Code and various doctrinal currents that determine who is responsible for compensating damages caused by the promotion of misleading content on social media. Furthermore, the methodology used is hypothetical-deductive, based on legal and comparative analysis. Finally, the results demonstrate the predominance of the understanding that digital influencers should be held jointly and strictly liable, as they act directly on consumers, shaping their choices and behaviors while promoting digital marketing.