Civil liability of the logistics company in electronic commerce

Abstract

This article aims to analyze the legal and jurisprudential aspects related to logistics in e-commerce, adopting an interdisciplinary approach. Although e-commerce is a widely recognized area, the focus is usually on the functioning of the virtual establishment, with less attention to logistics issues. The study presents the main concepts of logistics and the pertinent contracts, with emphasis on the transport contract, since the products are delivered to customers outside the physical establishment. The research examines the relevant legislation, including the Civil Code and Law No. 11,442. In a context in which delays and damages in deliveries can significantly impact consumer satisfaction, what is the scope and nature of the civil liability of logistics companies in e-commerce? To address the proposed research problem, the methodology used will be the bibliographic review, analyzing the existing literature on civil liability. The general objective of this study is to examine and understand the civil liability of logistics companies in the context of e-commerce, analyzing how legal provisions and case law regulate this liability and identifying the challenges faced by these companies to comply with their legal and contractual obligations. And as a specific objective, to analyze the legal norms and identify and interpret the provisions of the Brazilian Civil Code, the Consumer Defense Code and Law No. 11,442/2007 related to the civil liability of logistics companies in e-commerce. It was found that case law attributes objective liability to the carrier for loss of goods, but exempts it in cases of theft or robbery, considering them unforeseeable events that transfer the risk to the supplier.