A publicidade enganosa e abusiva em contratos de e-commerce e a responsabilidade civil consumerista

Abstract

The present work proposes to carry out an analysis about civil responsibility in the scope of electronic contracts as a result of the practice of misleading or abusive advertising. The hypothetical-deductive method is used and a bibliographical and documentary survey is carried out on the subject. For this purpose, a study of electronic contracts in the area of consumer relations and its intersection with the Consumer Protection Code (CPC) will be carried out, establishing the concept of e-commerce contracts, the legal regulation of this contractual nature. Nevertheless, it is important to diagnose the control of advertising by consumer legislation, adjacent principles, the recognition of abusive or misleading conduct involving the subject, as well as the instruments of self-regulation of advertising in Brazil. In this sense, the civil responsibility of e-commerce companies is determined by the publicity practices and the importance of recovering the trust principle, and the consumer's protection should be rethought in the face of the new challenges of post-modernity.