A (ir)responsabilidade civil dos influenciadores digitais por danos causados aos consumidores

The (ir)responsibility of digital influencers for damages caused to consumers

Abstract

Civil liability has always been present in human relations. For law, civil liability became a relevant subject in light of the evolution of social and economic relations. To characterize such liability, it is necessary for its prerequisites to be present, divided into action/omission, fault (subjective element), causal link, and damage. Civil liability is subdivided into subjective, when the subjective element “fault” is present, and objective, based on the risk theory. In consumer law, civil liability possesses very peculiar characteristics, considering the need to protect the consumer, the most vulnerable party in the legal relationship. Thus, in consumer relations, liability, as a rule, has an objective and joint nature, in order to meet the protection and guarantee of the consumer's basic rights. In this scenario, the digital influencer who operates in the consumer market, especially in advertising products and services, assumes a relevant role in the consumerist legal relationship, with this work discussing their (ir)responsibility regarding damages caused to consumers directly influenced by advertising. To arrive at an answer, it is indispensable to deepen the study about the theories of causal link, an indispensable element to characterize the agent's civil liability. The research methodology consists of logical-deductive analysis of doctrinal works and scientific articles related to the subject, as well as a case study, in order to reach a logical conclusion regarding the civil irresponsibility of digital influencers.