A RESPONSABILIDADE CIVIL DA REDE SOCIAL INSTAGRAM POR FRAUDES PRATICADAS POR TERCEIROS

Abstract

In a society influenced by digital technologies, social networks such as Instagram have evolved beyond mere content-sharing platforms to establish themselves as significant digital marketplaces, thereby creating new contexts for illicit activities. This undergraduate thesis aims to conduct an in-depth and critical analysis of Instagram's civil liability concerning fraudulent acts perpetrated within its social network, interpreted through the lens of Brazilian legislation, doctrine, and jurisprudence. To achieve this, the study delved into the fundamental principles of civil liability under Brazilian law, the legal classification of Instagram as an application provider, and the most prevalent types of digital fraud encountered on the platform. Concurrently, it explored the applicability of key legal statutes, namely the Consumer Defense Code, the Brazilian Civil Rights Framework for the Internet, and the General Data Protection Law, to instances of fraud. The research also investigated prevailing jurisprudential views on the subject, discussing primary doctrinal arguments and the challenges associated with platform accountability. The findings indicate that Instagram can indeed be held civilly liable in Brazil for frauds committed by third parties via its platform; however, this responsibility is determined on a casuistic basis. Consequently, the effective reparation of damages and future risk mitigation demand the consolidation of a clear jurisprudential understanding, complemented by a robust legal framework designed to incentivize continuous investment by platforms in digital security measures.