The Impact of Digital Marketplaces on Civil Liability

Abstract

The introduction of E-commerce to society occurs at every moment, given that over time, many stores and companies see alternatives for obtaining profits and sales in the virtual environment. The Law, in turn, cannot exempt itself from the advancement of technologies and social reasoning. In this way, the practices carried out within digital environments deserve legal attention, as they are technological representations of acts performed in the material environment. The Superior Court of Justice, on its website, presents 09 (nine) monocratic decisions that deal with the matter of Marketplaces, however, among them, some reveal how the Law should cover the concrete case and hold digital agents accountable. The objective is to understand the type of civil liability in such environments, the limit of this liability and how to prove it, in situations of damage suffered by any of the parties. Such responses are provided by the interpretation of the Court of Citizenship, precisely what makes it possible to understand the pacified understanding, currently, about the relationship of Marketplaces and civil liability. For this, the empirical method is used, combined with bibliographical research on doctrine, scientific articles and monographs. As a result, there is the objective, joint and several liability of the companies, and their performance is also bound to this contract, which will determine actions subject to liability, which can be proven in Court, through the junction of the concrete case, the legal parameters and analysis of the Marketplace contract in question.