Responsabilidade civil do influenciador digital: uma análise da publicidade ilícita em face das relações de consumo digitais

Abstract

In the context of social media, the figure of the digital influencer has emerged, who has come to operate by promoting and disseminating products and services of a particular brand to their followers through advertising, aiming to boost sales and encourage consumption among their audience. However, with the advent of this profession, some advertisements have begun to be disseminated illicitly, disregarding ethical and regulatory standards, resulting in harm to consumers and society at large. This has raised the question of whether digital influencers could be held civilly liable for the dissemination of illicit advertising and whether they should be required to compensate for the damages caused to their followers. In light of this scenario, the present academic work aims to investigate the doctrinal and jurisprudential treatment of this issue, addressing the two existing currents and demonstrating the possibility of civil liability for digital influencers in cases of illicit advertising, due to the established consumer relationship.