Apontamentos sobre aspectos jurídicos do E-commerce

Abstract

The article faces important legal issues concerning the so-called e-commerce. Special attention is given to case law and precedents where similar issues were taken into consideration by Brazilian Courts. This exercise can possibly establish a pattern of what can be expected from future judgments involving electronic agreements and Internet. These considerations were taken having in mind the world scenario and the search of a balance between consumer protection on one hand and values like speed and safety, very relevant for trade traffic. Among other questions addressed in this article, we may point out the moment the agreement is to be considered executed, its relevance to e-commerce, the form of the electronic contract and how to make evidence of its existence, the system of offering/acceptance, use of passwords and electronic signature.