Relação de consumo e Marketing de Influência: deveres jurídicos dos influenciadores digitais na veiculação de publicidade nas redes sociais

Abstract

With the advent of social media platforms, the digital environment has become fertile ground for the emergence and rise of influential individuals who attract an audience interested in what they say, do, consume, and disseminate. These are digital influencers, a key component in the machinery of the current consumer market, who assume the position of opinion leaders and protagonists in marketing strategies. They are both actors and vehicles of advertising. In this sense, they lend credibility to the brands they advertise and influence the choices of their followers, whose protection is based on the consumer protection microsystem. However, Law No. 8.078/1990, which governs this protective system, predates the phenomenon of digital influencers, and to date, there is no specific legislation regulating the actions of these personalities. Therefore, the objective of this work is to analyze the legal duties of digital influencers, from the perspective of consumer protection, in the dissemination of advertising content on social media. The research is exploratory in nature and uses the deductive method. Scientific production develops through a qualitative approach, focusing on aspects of this influence, how products and services are advertised, the impact of these communications on users' beliefs and behaviors, and the legal framework of advertising. Thus, throughout the text, it is observed that digital influencers are considered equivalent suppliers and their conduct must be guided by the legitimate expectations aroused in the audience. It is noted that, associated with the principles of advertising identification, information, truthfulness, and non-abusiveness, are the principles of objective good faith and the protection of trust. Therefore, when disseminating advertising, they must act with responsibility, diligence, loyalty, and consistency.