O direito pátrio aplicado ao marketing multinível: um breve estudo sobre a necessidade de criação de uma legislação própria para reger as práticas de marketing multinível no Brasil

Abstract

Despite the misinformation and negative reputation, we must recognize that the so-called multilevel marketing is not an illegal practice. It is necessary not to confuse MLM with the crime that is known in the market as a financial pyramid. The first is a business model that rewards players with bonuses that help promote certain consumer goods and services, as an alternative to traditional investments in advertising. While the first "does not constitute a criminal offense per se," the practices are crime and can be disguised as multilevel marketing. The lack of specific legislation and a specialized government agency to regulate and supervise the network marketing practices in Brazil has caused many people to lose money, either by coming into financial pyramids disguised as MLM (multilevel marketing), or coming into companies that were blocked by the national justice under the suspicion that such organizations would be practicing, in fact, the best known financial hit in the US as scheme so-called "ponzi". The laws that are now applied to cases involving MLM are not suitable as they provide to other contexts, other realities. The financial market has evolved a lot in recent years and the concepts that were once irrefutable paradigms are becoming outdated. So there is a dire need of adequacy of Brazilian legislation to existing multilevel marketing practices in Brazil. In this context, it is in the National Congress Bill (PL) 6170/13 by Mr Silas House (PSD-AM), which seeks to regulate the activity of multilevel marketing operator in Brazil. Once created MMN Law consumers and entrepreneurs will no longer have any problems with financial scams disguised as MLM and unsubstantiated blockages by the judgment to the companies that are serious, but are constantly confused with pyramids.