CIVIL LIABILITY OF DIGITAL SERVICE PROVIDERS FOR THIRD-PARTY FRAUD UNDER THE BRAZILIAN CONSUMER DEFENSE CODE

Abstract

This study analyzes the civil liability of digital service providers for fraud committed by third parties in the virtual environment under the Brazilian Consumer Defense Code. The research is based on the premise that the expansion of digital consumer relations has intensified consumer vulnerability, especially due to informational asymmetry, massive data collection, and the increasing sophistication of electronic fraud. In this context, the study examines the application of strict liability under Brazilian consumer law, as well as the enterprise risk theory as a basis for holding these economic agents liable. The paper also investigates the role of digital service providers within the consumer supply chain, demonstrating that their activities go beyond mere transaction intermediation, involving technological control, payment management, and organization of the virtual environment. The methodology adopted was bibliographic, based on doctrine, legislation, and case law. The study concludes that the civil liability of digital service providers is consistent with the protective logic of the Consumer Defense Code, especially when there is a failure in service provision or the absence of adequate security mechanisms.