Da vulnerabilidade digital à efetividade da tutela jurídica: desafios da proteção do consumidor no comércio eletrônico

Abstract

The expansion of e-commerce and the increasing digitalization of consumer relations have significantly transformed market dynamics, broadening access to goods and services while changing the way consumers and suppliers interact. Alongside the benefits provided by new technologies, new forms of consumer vulnerability have emerged as a result of information asymmetry, the massive collection of personal data, and the growing complexity of digital platforms. In this context, the present study aimed to analyze the effectiveness of legal mechanisms designed to protect consumers in digital consumption relationships, with a particular focus on the application of the Consumer Protection Code and the General Data Protection Law. Specifically, the study sought to examine the transformations of consumer relations in the digital society and their effects on consumer vulnerability; investigate the application of consumer protection instruments to online purchases; analyze the civil liability of suppliers and marketplaces in the face of the main conflicts arising from e-commerce; and evaluate the challenges related to the effectiveness of consumer protection and personal data protection in the virtual environment. The research was guided by the following question: to what extent have the legal protection instruments provided by the Brazilian legal system been capable of ensuring effective consumer protection in the face of the new forms of vulnerability generated by digital consumer relations? To address this issue, the deductive method was adopted through a qualitative approach, based on bibliographic, legislative, and jurisprudential research. The study concluded that the Brazilian legal system provides adequate instruments for the protection of digital consumers, although their effectiveness still faces obstacles resulting from the increasing technological complexity of consumer relations, the institutional limitations of supervisory bodies, and the need to strengthen consumers’ digital literacy.