Responsabilidade civil das plataformas de marketplace digital : análise dos ensejos para a responsabilização e suas excludentes.

Abstract

This monographic study examines the possibility of civil liability of digital marketplace platforms that primarily operate under the B2C (business-to-consumer) model, in which consumer relations between professional suppliers and consumers take place within the digital environment provided by the platform, with its active intermediation. The study analyzed the legislation contained in the Brazilian legal system concerning consumer rights, as well as regulations related to digital commerce and data protection, in addition to relevant doctrine and case law. The main objective is to verify whether marketplace platforms may be considered part of the supply chain and whether they may be held liable as active intermediaries in transactions conducted within such digital environments when product or service defects occur, as well as to identify possible grounds for exemption from liability. The research adopted a qualitative and explanatory approach and a deductive method, based on bibliographic research through the analysis of legislation, legal doctrine, and case law, with particular emphasis on contemporary decisions issued by the Court of Justice of the State of Rio Grande do Sul. The study of this topic is essential because, in addition to understanding the limits of liability of digital marketplace platforms, it aims to ensure greater protection for harmed consumers, who are recognized as the vulnerable party in consumer relationships, thereby contributing to the effective realization of fundamental rights and guarantees. The research concludes, in general, that digital marketplaces may be held strictly liable, as equivalent suppliers, whenever they are part of the supply chain, requiring a case-by-case analysis. It was found that the Brazilian legal system provides sufficient legal grounds for holding such platforms liable, except in situations expressly provided by law as exclusions of liability.