O ordenamento jurídico brasileiro e as relações de consumo no comércio eletrônico

Abstract

Technological advances allowed the creation of a data network so dynamic and intense that made communication way easier. This data transmission gained even more space by being integrated into commerce, giving rise to the actual figure of "virtual commerce", which brought uncounted advantages and amenities to all the customers, however, in despite of all the benefits, malfunctions also arose. Possible defects or irregularities that can only be verified when the product reaches the costumer, package delayed or misunderstood deliveries of what was bought, frustrating its legitimate expectation, among other problems are examples of this new modality of commerce. Therefore, e-commerce has also opened new paths that led to costumers’ exposure to problems, after all in this modality some of the contractual and common risks are already known and remained, some others specific to the sector have taken shape. Around this context, the question arises whether or not there is security in electronic business relations. The current legislation would be able to satisfactorily cover this new type of consumption relationship, which is defined by its originally virtual existence.