Mídias sociais e relações de consumo: desafios e perspectivas na proteção do consumidor nesse cenário

Abstract

The use of social media has become a common habit nowadays. In this sense, it is understood that the use of these media and the constant provision of users' images on their many profiles has meant that the legal foundations that protect the right to individuality, image preservation and other variety of actions are adapted to the changes that occur in the social environment, seeking to ensure that the preservation of image and the fundamental and individual rights of each person continue to be employed. The civil liability of digital influencers is related to their role as content providers for the public. In the context of the Brazilian Consumer Protection Code (CDC), influencers can be considered service providers, and consumers are the people who watch their videos, read their posts or in some way consume the content produced by them. According to the CDC, service providers are objectively liable for damages caused to consumers, regardless of fault. This means that if a digital influencer provides false, misleading, or inappropriate information or engages in any abusive practice that causes harm to consumers, he or she may be held liable for the damages caused. Understanding the need to defend such rights while simultaneously validating the necessary protection hypotheses for users who freely circulate in the virtual world, this paper seeks, based on a literature review, to discuss the use of social media, while also analyzing the preservation of individual and fundamental rights guaranteed in the constitutional charter. The marketing of products on social media has been occurring more and more naturally, and has made this a way of doing business over the last few years. This growing use of social media requires constant vigilance and respect for what is present in the Consumer Defense Code from all involved in this process, in order to ensure that, based on vigilance, the principles and rights of consumers are also respected in this form of consumption.