Publicidade digital promovida pelos médicos e responsabilidade civil pela legítima expectativa do consumidor

Abstract

This dissertation analyzes the legal implications of aesthetic medical services advertising in the context of hypermodernity, especially regarding the use of patient images on social media. In contemporary society, there is a growing aestheticization of life, where discourse about healthy lifestyle intertwines with beauty standards, being appropriated by medicine in its marketing scope. The research's main objective is to demonstrate that advertising practices of aesthetic medical services through patient images violate the fundamental right of consumer protection, their right to information, and the principle of objective good faith. This is a theoretical research developed from interdisciplinary bibliography, covering legal, philosophical, and literary fields, mainly based on the works of Gilles Lipovetsky, Byung-Chul Han, Ulrich Beck, and Richard H. Thaler. The study demonstrates that by using patient images in advertising, physicians create legitimate expectations in consumers regarding idealized results, extending their responsibility beyond the technical obligation of the procedure. The conclusion points to the need for stricter regulation of these advertising practices, considering the specific vulnerability of consumers in the doctor-patient relationship and the complexity of consumer market dynamics in the digital age