Influenciadores digitais: análise jurídico-social da responsabilidade civil decorrente do uso da publicidade enganosa no mercado de consumo digital.

Abstract

Due to the new forms of communication that came with technological advances, especially social networks, a new marketing concept emerged, based on the advertising carried out in that environment. These are digital influencers, a new way of making money through the power of persuasion. In this context, the objective of this study is to analyze the civil liability of digital influencers in the face of misleading advertising from the point of view of the legal order of the country, starting from the following problematic: since this is a new way of obtaining profit, that digital influencers, by using their persuasive power to achieve this goal, may be liable for civil liability as a result of misleading advertising in the digital consumer market? And as a hypothesis, it must be seen, given that such subjects should be seen as one more component of the consumer chain and, for this reason, subject to the norms and guidelines of the national order. To do so, we make use of bibliographical and documentary research, as research techniques. As well as the deductive method as a method of approach. And of historical-evolutionary and comparative study, as methods of procedure. Given the above, the work demonstrates the need for control over the abuse of the right to image of digital influencers due to its strong performance in the consumer chain, so that, in the absence of specific legislation for the case, are subject to the rules and guidelines of the Consumer Protection Code and the Civil Code, especially with regard to civil liability.