1. INTRODUCTION
Black Mirror is a television series created by Charlie Brooker. It stands out for exploring themes related to technology, society, and the impact of digital media on our lives. The name "Black Mirror" refers to our electronic devices, such as smartphones and tablets, which, when turned off, appear similar to a black mirror.
Each episode of Black Mirror is a standalone story, meaning you don't have to watch them in any particular order. Each story presents a dystopian universe where technology plays a central role in people's lives, often leading to unexpected and disturbing consequences.
The series explores issues such as social media addiction, mass surveillance, data manipulation, artificial intelligence, and other technological advances. It makes us reflect on how these technologies can affect our relationships, our privacy, and even our very identity.
2. THE EPISODE “JOAN IS TERRIBLE” AND ADHESION CONTRACTS
In the episode "Joan is Terrible" from the sixth season of Black Mirror, the character Joan signs the streaming platform's terms of use without reading them, resulting in the transfer of her image rights to the streaming company, which creates a series about her life without her knowledge. This situation is similar to what happens in real-life adhesion contracts, in which one party imposes predetermined and standardized conditions, without providing an opportunity for individual negotiation.
In the case of the episode, Joan didn't read the streaming platform's terms of use and, as a result, ended up giving away the rights to her image. This situation highlights the importance of carefully reading subscription agreements before signing them, in order to understand what rights are being transferred and what responsibilities are involved.
3. ADHESION CONTRACT IN BRAZILIAN LAW
In Brazil, there is specific legislation that protects consumers in their consumer relationships. This legislation is known as the Consumer Protection Code (CDC). One of the fundamental principles of the CDC is the protection of the most vulnerable party in the consumer relationship, which is usually the consumer.
In its Article 54, it defines an adhesion contract as one whose clauses have been approved by the competent authority or unilaterally established by the supplier of products or services, without the consumer being able to discuss or substantially modify their content. These contracts are generally used by large companies, such as internet service providers, telephone operators, banks, and other financial institutions.
In Brazil, the Consumer Protection Code (CDC) establishes that clauses in these types of contracts cannot be abusive or harmful to the consumer. This means that companies cannot include clauses that harm the consumer, such as the "episode" clause, which allows the indiscriminate use of the consumer's image. Consumers have the right to know exactly what their rights and obligations are when using a service or product offered by the company.
Therefore, if a Brazilian streaming company attempted to impose abusive or harmful clauses on consumers, such as in the case of image use, these clauses would be considered null and void under the law. Consumers would be protected by the Consumer Protection Code (CDC) and could seek redress if their rights were violated.
The Brazilian legal system values the principle of consumer protection and a balanced relationship between the parties. It is important to note that, in Brazil, the clauses of an adhesion contract must address the consumer relationship between the consumer and the company, ensuring transparency and fairness in negotiations.
Therefore, in Brazil, the "Joan is Terrible" episode could not occur in this way, as the adhesion contract must comply with the CDC regulations, not allowing abusive clauses that harm the consumer. The Brazilian legal system seeks to guarantee the protection of consumer rights and promote fair and balanced commercial relations.
4. BALANCE BETWEEN AUTONOMY OF WILL AND CONSUMER PROTECTION
In the legal systems of England and the United States, where the series is set, known as common law systems, the legal basis is formed by previous judicial decisions and court interpretations. This approach emphasizes the principle of free will, that is, it values what the parties agree upon in contracts and other legal relationships.
In these countries, there is a tradition of respecting freedom of contract, meaning that the parties have the freedom to establish the rules and terms they deem appropriate in a contract. This means that, as long as the parties agree and do not violate the law, what they agree on is valid under the legal system.
However, in Brazil, we have a different legal system, called civil law. In this system, legislation is the main source of law, and the state has greater intervention in regulating legal relationships. The Civil Code and other laws establish rules that must be followed in contracts and other transactions. Some legal scholars, such as Fredie Didier Jr., argue that the country has its own system, which could easily be called Brazilian law, hybrid, with influences from Common Law and Civil Law.
In Brazil, the principle of agreement between the parties is also important, but there are limitations. The Consumer Protection Code, for example, establishes consumer protection standards and prevents the inclusion of abusive or harmful clauses in adhesion contracts, such as those that cannot be negotiated individually.
Furthermore, the Brazilian legal system values consumer protection, equality between parties, and seeks to ensure fair and balanced commercial relations. This means that, even if the parties agree to certain clauses in a contract, if these clauses are deemed unfair or illegal under Brazilian law, they may be annulled or declared invalid.
A subscription contract for the provision of a streaming service could not include a clause granting image rights for various uses, according to the company's wishes. This would clearly be an abusive provision in Brazil.
Therefore, in Brazil, the legal system seeks a balance between the principle of free will and the protection of consumer rights and standards established by law. It is important to understand that a country's legal system is influenced by its culture, values, and history, which can result in different approaches to the interpretation and application of laws.
5. CONCLUSION
The Black Mirror episode "Joan is Terrible" offers a reflection on adhesion contracts and consumer protection under Brazilian law. By addressing the story of Joan, who signs the terms of use without reading them and cedes her image rights, the series highlights the importance of carefully reading contracts before signing them and the power Big Tech companies wield today.
In Brazil, adhesion contracts are common in various sectors, such as internet, telephony, and financial services. However, the Consumer Protection Code guarantees consumer protection against abusive or harmful clauses in such contracts. This means that companies cannot impose unilateral conditions that violate consumer rights.
The episode's theme also highlights the importance of privacy and personal data protection. Collecting information through electronic devices raises questions about informed consent and respect for individual privacy.
The Brazilian legal system, while valuing the principle of free will, also seeks to protect consumer rights and ensure balanced commercial relations. Therefore, abusive clauses in adhesion contracts are considered null and void.
It's essential that consumers are aware of their rights and understand the terms and conditions of adhesion contracts before accepting them. Careful reading and legal guidance can help identify unfair terms and defend consumer rights.
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