A responsabilidade civil de influenciadores digitais em publicidade enganosa e/ou abusiva de jogos de apostas online

Abstract

This paper examines the civil liability of digital influencers who promote abusive or misleading advertisements for online gambling, with an emphasis on the need to understand the impacts on the legal relationship of consumption. Given the development of the gambling market in Brazil and the legal vulnerability resulting from its recent regulation, there is still no consensus on the legal interpretation regarding the civil liability of agents such as digital influencers when promoting illicit advertisements, which is why this work seeks to contribute to legal standardization. The study aimed, as a general objective, to analyze the civil liability of influencers in light of Brazilian legislation, considering the legal and social impacts of irregular encouragement of gambling consumption. The specific objectives included: i) analyzing the expansion of the gambling market in Brazil, its legislative history, irregularities, and legal-social impacts; ii) examining the role of influencers from the perspective of a consumer society; iii) studying civil liability in light of doctrinal concepts; iv) investigating the application of civil liability to influencers who disseminate abusive or misleading content in the consumption relationship of digital gambling. The methodology adopted was deductive, with descriptive and exploratory approaches, utilizing bibliographic research, analysis of legal doctrine, Brazilian legislation, and consultations of scientific research, as well as articles, academic works, and jurisprudence. The study sought to consolidate an understanding of influencers’ liability, considering the impacts on the digital gambling market and the vulnerability of consumers to abusive practices. The research was grounded in the Civil Code, the Consumer Protection Code (CDC), and the Advertising Self-Regulation Code, among other legal instruments, to identify the legal institutes applicable to holding influencers accountable for damages caused. It was found that, based on the concept of an equivalent supplier under the CDC, influencers must be held liable under objective civil liability. It was concluded, therefore, that the civil liability of digital influencers requires the integration of ethical, social, and legal elements, necessitating the regulation of the profession and the standardization of civil liability norms, highlighting the importance of strengthening existing regulations and implementing effective measures to prevent and repair damages arising from abusive or misleading advertisements, ensuring the protection of vulnerable consumers in the online gambling market.