CIDADANIA DIGITAL: NECESSIDADE DE PONDERAÇÃO ENTRE OS VALORES CONSTITUCIONAIS RELATIVOS A PROTEÇÃO AO CONSUMIDOR E AQUELES CONTEMPLADOS NA LEI DO MARCO CIVIL DA INTERNET

DIGITAL CITIZENSHIP: NEED FOR PONDERATION BETWEEN CONSTITUTIONAL VALUES RELATING TO CONSUMER PROTECTION AND THOSE COVERED IN THE INTERNET CIVIL FRAMEWORK LAW

Abstract

ABSTRACT: The expansion and consolidation of social networks as a service provided to several billion users in all parts of the planet, has been raising discussions about the legal regime of such services and the legal responsibility of their providers. In Brazil, there are great discussions about the subject, mainly because of the "almost public" nature and the possibility of submitting such services to the protection regime of the Consumer Defense Code. The major obstacle to the submission of such companies to the consumer regime is the lack of direct remuneration for services rendered. However, as argued in the present work, there is indirect remuneration, so that it is absolutely necessary to recognize the legal relationship established as consumer relation, especially with a view to consolidating a true digital citizenship.