THE CIVIL LIABILITY OF THE DIGITAL INFLUENCER TOWARDS THE CONSUMER FOR THE MISLEADING ADVERTISING OF PRODUCTS

Abstract

This study aimed to identify whether the digital influencer can be held civilly liable to the consumer who feels harmed through the advertising of a product carried out in a misleading way. To that end, its specific objectives were to understand what constitutes civil liability, an injured consumer, a supplier and misleading disclosure. In order to develop the work, legal research methodology was used, using the deductive method to achieve the desired result, with documentary and bibliographical research techniques, seeking a deeper study of doctrines, articles, legislation, norms, decrees and jurisprudence. Therefore, it was clear that forms of misleading advertising, which are prohibited by the Consumer Protection Code and the National Advertising Self-Regulation Council, which are the two means of advertising control used in Brazil, disrespect the principles of good faith, which must be observed by the digital influencer. Doctrinal research, legislation and jurisprudence showed that it cannot be stated, as a rule, the existence of a consumer relationship between the digital influencer and the consumer, but that he or she can be charged objectively and jointly responsible for the damages caused to the consumer if he to carry out misleading advertising.