A responsabilidade civil de influenciadores digitais na divulgação de jogos de azar e apostas online no Brasil

Abstract

This paper analyzes the civil liability of digital influencers in promoting online gambling and betting in Brazil. With the advancement of technology and the popularization of social media, these influencers have come to play a central role in promoting gambling platforms, often acting without transparency and outside the legal limits. The research discusses the lack of specific and comprehensive regulation on gambling in the digital environment, highlighting the regulatory gaps and the challenges faced by the State in monitoring and protecting consumers. Among the points addressed are the legal distinction between gambling and sports betting, the functioning of iGaming platforms, and the advertising strategies used, such as influencer marketing and testimonial advertising. The study also examines civil liability in the Brazilian legal system, analyzing different doctrinal schools regarding the liability of influencers - subjective, objective or non-existent - and the principles of the Consumer Defense Code applicable to the case. It is concluded that, by promoting prohibited games or presenting misleading content, the influencer may be held civilly liable, especially when he profits from this activity and is part of the consumer chain. The study highlights the urgency of clear and effective regulation, capable of protecting consumers and holding accountable those who contribute to the dissemination of these practices. The research adopts a qualitative methodology, based on bibliographic, documentary and legal analysis.