THE CIVIL LIABILITY OF DIGITAL INFLUENCERS FOR MISLEADING ADVERTISING: ITS APPLICATION UNDER THE CONSUMER PROTECTION CODE AND THE CONSOLIDATION OF JOINT AND SEVERAL LIABILITY THROUGH CASE LAW

Abstract

This study analyzes the civil liability of digital influencers in the promotion of products and services through deceptive (or veiled) advertising, considering the growing influence these figures exert on consumer behavior on digital platforms. The study's general objective is to analyze the civil liability of digital influencers in promoting products and services through misleading advertising. The research was conducted, as a method, through a bibliographic review of recent doctrine, legislation, and jurisprudence, addressing the principles of the Consumer Protection Code (CDC), legal foundations, judicial decisions, and the actions of regulatory bodies, such as PROCON – the Consumer Protection and Defense Program – and CONAR – the National Council for Advertising Self-Regulation. In partial conclusion, it is indicated that the Brazilian legal system, through the evolving application of the Consumer Protection Code (CDC), possesses sufficient instruments to hold digital influencers accountable, treating them as an integral part of the supply chain. This accountability is based on objective liability (theory of risk of activity) and the violation of the duties of transparency and objective good faith in the face of consumer vulnerability, amplified by informational asymmetry and persuasive mechanisms such as Parasocial Interaction (PSI). Case law has consolidated this understanding, applying the Consumer Protection Code (CDC) in cases of misleading advertising, despite the inherent limitations of the absence of specific legislation for influencer marketing and the rapid evolution of digital platforms.