CONSUMER PROTECTION IN THE DIGITAL ENVIRONMENT UNDER BRAZILIAN LAW: INSTAGRAM’S LIABILITY FOR SECURITY FAILURES

Abstract

This study analyzes the application of the Brazilian Consumer Protection Code to the legal relationships established between users and social media platforms, with particular emphasis on digital fraud and Instagram account invasions. The research problem consists of determining whether social media account invasions constitute a defect in the provision of services capable of giving rise to the strict civil liability of digital platforms. The general objective is to examine the civil liability of social networks in light of the Consumer Protection Code, considering the consumer relationship established between users and providers of digital services. The methodology adopted is qualitative in nature, based on bibliographic research, analysis of relevant legislation, and a review of recent judicial decisions from various courts across the country. The study addresses the strict liability regime set forth in Article 14 of the Consumer Protection Code, as well as the hypotheses of exclusion of liability. The research demonstrates that failures in user data security and protection may constitute a defect in the provision of services and concludes that the prevailing case law recognizes the applicability of the Consumer Protection Code and the strict liability of digital platforms, reinforcing their duty to provide safe and effective services to consumers.