A responsabilidade civil de consumo dos influenciadores digitais em consequência das publicidades ilícitas de cirurgias plásticas

Abstract

This monographic work aims to analyze the consumer civil liability of digital influencers regarding the illicit advertising of aesthetic plastic surgeries in the light of the Brazilian legal system. In general, the research exposes the different positions about the (im)possibility of holding celebrities accountable, with the consequent attribution of bearing the civil reparations caused by advertising messages in their modalities that have falsification, omission or abusiveness in the information. This research also exposes other doctrinal classifications, such as: clandestine advertising. In order to have a better exposition of the theme under discussion, in the first chapter, the elements and principles that integrate the consumption relationship are identified, seeking their subsumption to the relationship established between the influencer, follower and plastic surgeon. . In the second chapter, the relationship between the offer of

consumption and the advertising practice is analyzed, as well as the legal control and self- regulation of advertising, exposing its illicit species and sanctions. And, finally, in the third

chapter, the civil reparation of consumption is discussed, which would be imputed to the celebrity when disclosing aesthetic surgeries making use of illicit publicity, with this, the discussion arises about its power to interfere in the consumers' decisions and their role within consumer relations, as well as the plastic surgeon's position regarding the duty of information and his obligation to his patient.