Loot box e sua comercialização: a (in)compatibilidade com o ordenamento jurídico brasileiro

Abstract

Loot boxes are virtual items sold within the game that provide random rewards, the term loot box represents the concept of a virtual item that randomly generates other virtual items. In general, players buy the loot box for real money with the hope of obtaining a rare item that will impact their fun in the game, however the result of the loot box depends solely on luck since the best items have the least odds. This system has similarities with the game of chance, since most of the internal content of the boxes has a price lower than the amount paid in the loot box. Because of its identity with gambling, this model began to be regulated or prohibited by some foreign countries. In this sense, this text intends to explain: the concept of loot box; the contractual classification under the current legislation of the Civil Code; the relationship with the Consumer Code; and the international repercussion. In the end, it launches a possible approach based on the Brazilian legislation applicable to the theme, but the purpose of the text is to encourage the debate about loot boxes, a theme that has not yet been properly discussed in national territory. Words-