Análise da publicidade ilícita de influenciadores digitais e sua responsabilidade civil

Abstract

The illicit advertising of digital influencers is analyzed, starting from the construction of an understanding of civil liability in influencer marketing. To do so, initially, the evolution of consumption over the years is understood through an approach to the initial subsistence relationships to the current consumption in the digital era. Next, the civil liability of the digital influencer is studied, comprehending the concept of influencer marketing and its relation to consumer rights through the treatment given by the Consumer Protection Code and other legislations. Additionally, an analysis of specific cases of consumer rights violations by partnerships between influencers and companies is conducted, considering the jurisprudential position on the subject. Finally, for this research, a qualitative study of a bibliographic, theoretical, and exploratory nature is employed. As a result, it is understood that there is no doctrinal unanimity on the civil liability of the digital influencer, which can be objective or subjective. The evolution concerning the protection of citizens in the virtual realm is recognized, but there is still much to advance in terms of developing specific legislation to address influencer marketing and consumer protection in this situation. This is particularly true regarding defining the accountability of the digital influencer to protect consumer relations and prevent harm to the more vulnerable.