A cobrança de valor mínimo em aplicativos de delivery: análise da abusividade e configuração de venda casada no contexto do código de defesa do consumidor

Abstract

This article examines the practice of imposing minimum order values on food delivery apps, highlighting its implications for consumer rights under the Brazilian Consumer Protection Code (CDC). The study argues that such requirements constitute a disguised form of tying, disproportionately harming hypervulnerable consumers such as low-income individuals and the elderly. Through bibliographic review, case law analysis, and the examination of recent administrative decisions, the research demonstrates that this practice restricts consumer choice, breaches the principle of good faith, and imposes excessive burdens. The article also discusses joint liability within the supply chain, the use of digital nudges, and the ethical risks posed by platform design strategies. The findings point to the urgent need for stricter regulation and oversight to ensure fairer and more balanced contractual relationships in the digital marketplace.