Challenges and possibilities of contractual connection forming marketplaces in Brazil

• Autor(a) principal: Bergstein, Lais
• Data de Publicação: 2022
• Outros Autores: Seyboth, Ricardo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Científica Disruptiva
• Texto Completo: http://revista.cers.com.br/ojs/index.php/revista/article/view/118
• topic: marketplace; Conexidade contratual; turbulências; distorções fiscais; Brasil; marketplace; contractual networks; tax turbulence; distortions; Brazil; mercado; redes contractuales; turbulencias; distorsiones fiscales; Brasil

This paper points out some of the problems involving the contractual networks that form the marketplaces and the challenges for the process of interpretation and application of law that emanate from this contemporary form of structuring and performance in the markets. The context of marketplaces involves several modalities of transactions, which are not always portrayed in clear contractual instruments, increasing the degree of difficulty in reaching adequate legal responses to the growing challenges of this effervescent universe.  The goal is to contribute to a better elucidation of the paths being taken in the regulation of markets and to point out some of its inconsistencies in order to be overcome by the interpreter and enforcer of the law.  The study, based on the deductive method, reveals that the reality of the markets results in turbulence and tax distortions that need to be observed by the legislator in the perspective of the principles designed by the Constitution of the Republic of 1988. In conclusion, it is necessary that the operator of the Law, attentive to the particularities of marketplaces, presents, by means of clear criteria for the interpretation and integration of legal norms, adequate solutions that at the same time preserve legal security, private autonomy, the protection of vulnerable groups, and do not imply in fiscal turbulence and distortions.