O estabelecimento virtual e seu alcance jurídico

Abstract

In an increasingly modern society the number of people who make purchases through the internet due to the comforts guaranteed by virtual environments is growing. As a consequence of the use of this modality, several transformations in the forms of establishments, among them the virtual establishment, fruit of the growth of this modality of commerce.The Intention of this article is to define what is the virtual establishment, to differentiate it from the physical establishment, to proceed on its constitution, its effects, and its validity in the juridical field, a matter still scarce and controversial in our current legal system, but of immense use. Its purpose is to answer in a certain way the unsettling question: is it possible to exist a business establishment without having physical assets present in its constitution? Or an activity aimed at marketing products or even a service provision has a business establishment even with virtual goods? To answer such questions is that the research is justified, demonstrating that there has been a gradual evolution in the concept, which represented advances in design, introducing new commercial practices. The method used was the theoretical that consists of the consultation of academic works, articles of periodicals, electronic documents, as well as of the pertinent legislation on the subject. In the analysis of such data, we use the deductive / comparative method for application in the research, with purposes to answer the objectives and research hypotheses evidenced.