O comércio eletrônico e o e-marketplace à luz do direito consumerista brasileiro

Abstract

The World Wide Web has become an indispensable platform for humanity, essential to the Age of Information in which we live and has expanded to gigantic proportions around the world. Allied to the Internet phenomenon, a form of business relationship that is capable of reaching people around the world has emerged, breaking the barriers of time and space and bringing comfort to consumers: the e-commerce. In spite of the many advantages brought by e-commerce, there are also more disadvantages, such as a greater vulnerability of the consumer in the virtual environment. The present paper proposes to analyze the regulation of the electronic commerce by the Federal Decree No. 7.962/2013. In addition, it intends to investigate the Senate Bill No. 281/2012 with the purpose of following and understanding the proposed modifications to the Law No. 8.078/1990, which intends to make the legislation more adequate to the expectations of the current consumer. The innovation of the online sales platform, where there is a meeting of suppliers and final consumers, modified the negotiations in the electronic commerce, specifically for the e-marketplace, where many shopkeepers are reunited, on a single intermediary provider, to offer different products and services. In this context, the paper analyzes the existence of responsibility of intermediary sites in relation to damages to consumers that make use of them to purchase products or hire services, as well as it examines the innovations, advantages and disadvantages of this model of business. Applied methodology was essentially descriptive and bibliographical. The study of the legal system and the analysis of the Brazilian doctrine and jurisprudence on the topics covered served as basis for the development of the paper.