Estudo e análise dos aspectos jurídicos do direito positivo brasileiro e comparado nos contratos de marketing multinível: estudo do caso telexfree

Abstract

The Multilevel Marketing is a relatively recent social phenomenon that, in Western countries, because of the capitalist system, has gradually reshaped the way of life of the economically active population and transformed the mode of production of goods in underdeveloped nations; stimulating consumption, streamlining the time and concomitantly reducing the frontiers. Given the profusion of the worldwide web and the right of access to credit to the Brazilian middle class, made possible by public policies that stimulate funding, Network Marketing has gained a large number of participants, which commonly seek scouting for extra monthly income to pay their debts of the family budget. With focus in the fields of Corporate Civil, Criminal, Administrative and Business; this work tries to study and analyse the Multilevel Marketing contracts developed by the specific business sector, recognizing them as lawful legal forms on condition that should always be accessories legal transactions of purchase and sale or service contracts offered to the general public regularly and effectively paid, under penalty of characterizing illicit enrichment, without cause or as a crime against the economy provided, according to the current legal terms. As is typical of the law as applied social science the restriction of individual freedoms in favor of social and common welfare, the standart of quick and easy financial gain or the inordinate assumption of business risk and require precautions temperaments serving to the operator of the law as beacons to recognize the field of legality in the General Theory of Contracts; and paternal legislature substrate for urgent labor of drafting normative species that meet the legal safety, ethics and efficiency. We conclude that the Brazilian law should take care of Positive regulation of business activity that deals with the development and operation of Network Marketing in the whole national territory, without prejudice to a international convention on the subject in order to standardize it .