Atividade de influência digital: estudo sociojurídico acerca da responsabilidade civil pela indicação de produtos

Abstract

The present work sought to carry out a socio-legal analysis about the activity of digital influence and the civil responsibility for the indication of products through social interaction applications. For this, it was considered the current status of the influencer marketing industry, which has grown significantly in recent years, and the noticeable relationship between influencers and their followers who become potential consumers of products and services that are indicated through advertising, whether it is explicit or veiled. In this way, the sociological aspect of this research is related to the classification of this type of relationship, establishing what defines the power of influence and how it can affect the incentive of consumption on digital platforms of the followers-consumers of digital influencers. In turn, the legal aspect surrounding the issue is present in the concern regarding consumer protection and the possible forms of civil liability that will affect this type of relationship. In this way, we sought to establish whether there is objective or subjective, solidary or subsidiary responsibility and what are the exclusions of responsibility in this type of relationship, considering the multiplicity of this new business that has emerged around social media platforms and is increasingly growing. nowadays. At this point, the relevance of this research is demonstrated, when analyzing this type of relationship from the perspective of Consumer Law and Civil Liability. For this purpose, a bibliographical and documental review was sought on the themes that involve this theme, also using as a complementary form of brief jurisprudence and news published in journalistic channels to reach a conclusion that involves the problem now researched. Understanding here that the responsibility to be applied is objective and joint, not being absolute, with the possibility of excluding responsibility according to the particulars of the concrete case duly presented throughout the work.