A responsabilidade civil e penal dos influenciadores digitais: as relações de consumo e a publicidade à luz do Código de Defesa do Consumidor

Abstract

With the rise of social networks, digital influencers have become essential “instruments” for the execution of new types of advertising. As a result, various questions have arisen regarding the accountability of these influencers with respect to cases of damage to consumers in consumer relations. Therefore, the question was raised regarding how the civil and criminal liability of digital influencers is applied. And, for the elaboration of the following research, the bibliographic descriptive methodology was used, and the qualitative approach, as well as descriptive modes of exploration were used for a better understanding about the accountability of influencers in the face of consumer relations. Therefore, the work was divided into three chapters, which addressed: first, the hyperconsumption market in the digital age, emphasizing the role played by digital influencers in consumer relations; in the second, the types of advertising carried out by influencers in the digital environment are addressed and the third brings the civil and criminal liability of these influencers, highlighting jurisprudential understandings related to the subject. That said, in view of these responsibilities, it was understood that the main point of difference between them is that civil liability is intended to repair damage caused to the consumer and criminal liability is aimed at preventing the occurrence of damage to the consumer. However, regardless of this point of differentiation, in both types of responsibility, there is the possibility of holding the digital influencer accountable.