A vulnerabilidade do consumidor no e-commerce: análise da eficácia da legislação brasileira na proteção das relações de consumo digitais

Abstract

Given the growing expansion of e-commerce in Brazil and the deepening of consumer vulnerability in the digital environment, this study addresses the effectiveness of Brazilian legislation in protecting consumer relations carried out through e-commerce, investigating the extent to which the current legal framework is capable of adequately protecting vulnerable consumers in the digital context. To this end, it examined the historical evolution of consumer relations and the emergence of e-commerce in Brazil, analyzed the strategies used by digital platforms to induce consumption, and identified the main normative and institutional instruments for the protection of digital consumers. A bibliographic and documentary review was then conducted, based on legal doctrine, scientific articles, legislation, and jurisprudence relevant to the topic. As a result, it was found that the digital environment intensifies consumer vulnerability through practices such as dark patterns and algorithmic advertising, that the Consumer Protection Code and Decree No. 7,962/2013 provide a relevant normative basis but present gaps in relation to business models and technologies that emerged after their enactment, and that the protection of digital consumers depends largely on the interpretative role of the Judiciary, which generates legal uncertainty. It was therefore possible to conclude that Brazilian legislation is partially effective in protecting vulnerable consumers in e-commerce, making normative updates and the strengthening of institutional mechanisms necessary for this protection to be fully and equally realized.