THE RESPONSIBILITY FOR TRUST IN GERMAN LAW IN PERSPECTIVE

the responsibility of digital influencers in Brazil

Abstract

The principle of trust should permeate all relationships, whether in the civil, consumer, or constitutional sphere. Everyday relationships present situations in which neither contractual liability nor liability for torts applies. In this scenario, civil liability based on trust may be applicable. The discussion about this applicability faces criticism, but it fills a gap in the German legal system and Brazilian law. The influencer figure is prominent worldwide because it directly or indirectly influences the purchase of products and/or services through advertisements and social media, which reach many people. In this context, this research aims to analyze the role and importance of civil liability based on trust in holding digital influencers accountable in Brazil. To this end, the concept of the principle of trust is revisited; comparative cases from German law are discussed; and the relationship between follower and digital influencer is characterized. To achieve these objectives, a hypothetical-deductive approach was adopted, utilizing primary and secondary sources supported by content analysis to achieve qualitative results. The study demonstrated that the principle of trust can underpin civil liability for the trust of digital influencers in Brazil.