A responsabilidade civil consumerista em consonância com a estratégia de comunicação do influenciador digital

Abstract

This article examines how the lack of specific legislation regarding the communication and advertising strategies of digital influencers affects the adjudication of judicial and administrative proceedings in consumer disputes involving these professionals, thereby heightening the consumer’s 'hyper-vulnerability' as provided for in Article 4, I, of the Brazilian Consumer Defense Code (CDC, 1990). This phenomenon is observed in recent judicial and administrative cases concerning consumer dissatisfaction following the purchase of products and services promoted and offered by digital influencers on social media. It is noted that, within the administrative sphere, CONAR (the National Council for Advertising Self-Regulation) also issues rulings and applies sanctions to digital influencers who violate the provisions of the 'Advertising Guide for Digital Influencers'; however, these lack the binding force of a judicial sentence. To achieve its objective, the study employs the hypothetical-deductive method, providing brief considerations on the doctrinal divergences regarding the consumer civil liability of digital influencers and their communication strategies concerning advertising and marketing. Furthermore, decisions involving digital influencers in both administrative and judicial spheres were analyzed to demonstrate the lack of preparedness of both CONAR and the Judiciary, evidenced by the lack of unified rulings due to the absence of legislation governing this new form of consumption.