REGULATION AND PROTECTION IN VIRTUAL RELATIONS: DIGITAL PLATFORMS AND THE SOCIAL FUNCTION OF CONTRACTS

Abstract

This paper analyzes the practical application of the principle of social function to contracts signed on digital platforms, with an emphasis on the terms of adhesion accepted on a daily basis when creating profiles on social media platforms. These platforms, by imposing unilateral terms, often limit the autonomy of the user, therefore creating informational imbalance in the relationship and characterizing it as consumerist. This research emphasizes that the social function of contracts, provided for in article 421 of the Brazilian Civil Code, emerges as an essential instrument to protect consumers, promoting contractual equity and safeguarding fundamental rights such as privacy and dignity. Furthermore, the study reflects on the impact of the General Personal Data Protection Law (LGPD), which, although relevant, does not fully meet the demands of the digital environment. The paper explores the power imbalance between platforms and users, aggravated by the compulsory acceptance of complex terms and the exploitation of personal data as an economic counterpart. It also examines the role of jurisprudence in reviewing abusive clauses, the need for more transparent contracts and the internationalization of platforms, which imposes additional legal barriers on consumers. It is concluded that the social function of contracts can balance economic and social interests, but faces regulatory and practical challenges in the digital environment, requiring a regulatory framework adapted to the specificities of this context.