Requisitos jurídicos e boas práticas no comércio eletrônico: os termos de fornecimento nas relações de consumo brasileiras em meio digital

Abstract

This dissertation aims to investigate the legal requirements and existing best practices in contracts involving consumer relations in the digital environment. The Brazilian legal framework does not explicitly, unequivocally, and systematically address the requirements for electronic commerce contracts, nor does it refer to the nomenclature commonly used for documents in these relationships, such as Terms of Use, Privacy Policies, Cookie Policies, among others. However, through a systemic analysis of the legislation, it is possible to identify these documents and requirements. Therefore, this research aims to highlight and systematize this information, particularly regarding the mandatory aspects of electronic commerce contracting. Initially, this work provides a context for electronic commerce in the Brazilian territory and examines its current regulatory framework. Subsequently, it seeks to distinguish between mandatory elements (legal requirements) and what would be considered best practices (recommendations), delving into contemporary national and international standards that permeate the subject. Additionally, topics such as Legal Design and behavioral economics are briefly mentioned, as they contribute to the achievement of a minimum standard proposal for best practices in electronic commerce. Finally, the research explores specific practical scenarios that, due to their nature, pose additional challenges to the relationship between the consumer and the provider in the digital environment. These scenarios include the provision of products and services for domestic use that rely on Internet of Things (IoT) devices and the relationships established on social media platforms. The conclusion of this research underscores the need for continuous adaptation of legislation and practices to the dynamism of Electronic Commerce, proposing a set of guidelines and good practices aimed at improving transparency, fairness, and efficiency in digital consumer relations. In summary, this dissertation identifies the applicable requirements and best practices in the contemporary scenario of e-commerce contracting, encompassing ordinary contracts as well as those requiring additional precautions, such as IoT-connected devices in the domestic environment and social media platforms.