The theory of appearance in the civil liability of digital influencers: a dogmatic analysis of illicit advertising in the Brazilian consumer system

Abstract

This article examines the application of the Appearance Theory as a legal basis for the civil liability of digital influencers who practice veiled advertising on social platforms. The investigation starts from the analysis of the dogmatic concept of legal appearance, as consolidated by the jurisprudence of the Superior Court of Justice, to demonstrate its relevance in attributing responsibility to digital agents who present themselves as guarantors of products and services to consumers. The study compares the technological evolution of advertising practices with the classic institutes of Consumer Law, showing that the digital influencer, by deliberately creating the appearance of disinterested personal endorsement when there is an underlying commercial relationship, is legally bound to the consequences of this representation. The research demonstrates that the concealment of the commercial nature of communication does not constitute a mere administrative offense, but a structural violation of the consumer protection system, attracting the incidence of objective and joint liability. Through a systematic analysis of legislation, CONAR guidelines and judicial precedents, it is concluded that the Appearance Theory provides a robust dogmatic substrate to overcome arguments of lack of knowledge or lack of formal link, consolidating the protection of hyper-vulnerable consumers in the digital environment.