A Responsabilidade Civil dos Influenciadores Digitais: Limites Jurídicos na Promoção de Produtos e Serviços nas Redes Sociais

Abstract

The phenomenon of digital influencers has reshaped mass communication and consumer relations, monetizing credibility and "social capital" as central marketing tools. This paper analyzes the legal limits of civil liability for digital influencers in the promotion of products and services from the perspective of Brazilian law. The central problem investigates whether the influencer acts as a mere "spokesperson," subject to the subjective liability of the Civil Code, or if they integrate the supply chain, thereby attracting the objective liability regime of the Consumer Defense Code (CDC). The research demonstrates that the activity of influencing, when remunerated (whether through payment, barter, or commission), transcends mere opinion and constitutes the provision of advertising services. The hypothesis that such activity fits the influencer into the legal concept of a supplier (Art. 3, CDC) is confirmed. Consequently, it is concluded that the influencer must be held objectively liable, regardless of fault, based on the Theory of Enterprise Risk, and jointly liable (Art. 7, sole paragraph, and Art. 25, § 1, CDC) alongside the brand for damages caused. It also addresses the illegality of "covert advertising" for violating the duty of identification (Art. 36, CDC) and the inapplicability of freedom of expression as a shield for misleading or abusive "commercial speech" (Art. 37, CDC). Ultimately, liability aims to professionalize the activity and ensure consumer protection in the digital age.