Publicidade infantil e sustentabilidade socioambiental: a necessidade de uma nova regulação como instrumento para a tutela da presente e das futuras gerações

• Autor(a) principal: Souza, Fabiana Kelle Morais Lopes de
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2750
• topic: Publicidade infantil; Consumismo; Sustentabilidade socioambiental; Necessidade de uma nova legislação; Tutela da presente e das futuras gerações; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Child advertising represents an important sales tool due to its power to persuade consumers. Taking advantage of the lack of judgment and the inexperience of the child, advertising prints in childhood, from the first years of life, patterns of consumer behavior disconnected from social and environmental values, going against the grain of sustainability, trivializing the scarcity of resources and the protection of future generations. Its harmful effects, such as consumerism, childhood obesity, early adultization, feeling of dissatisfaction, social inadequacy, among many others, demonstrate how abusive and violating the fundamental rights of the child this activity is. In spite of the existence of a normative system of child protection in Brazil in the face of abusive child advertising, this has not been sufficient to curb this abusive practice. In this sense, certain factors are preponderant, starting with the ineffectiveness of selfregulation, since it is not cogent; state regulation, although mandatory, is sparse, with the exception of Conanda Resolution 163, whose validity is not unanimous, although this rule is specific, which weakens its effectiveness. Thus, based on the assumption that the Brazilian legal system prohibits advertising for children and considering the current scenario in which its constant practice occurs, this research seeks to answer the following question: What elements would justify the creation of a new specific legislation, in order to contribute to make the prohibition of advertising for children effective, taking into account the premises of socioenvironmental sustainability? In order to answer this question, the general objective is to analyze the need to create a specific formal law that limits child advertising, essentially using the bibliographic research method, based on studies such as those by Bauman (1999, 2009, 2011) and Lipovetsky (2007, 2009), to understand the contemporary phenomenon of consumerism; Beck (2011), Leff (2011), Leite (2010), Sachs (2008), Sarlet (2002), Sarlet and Fensterseifer (2017), Sen (2010) and Ribeiro (2018, 2019), for a deeper understanding of the sustainable socio-environmental development; Ariès (1986), Baudrillard (2015), Benjamin (1994), Dias (2018), Marques and Bertoncello (2014), Miragem (2014, 2018), Nunes Júnior (2015), Henriques (2006), Henriques and Vivarta (2017), for the expansion of knowledge about the protection of the fundamental rights of the child against child advertising; among other authors dedicated to the protection of children in this consumer society. Before this legal reality, the hypothesis is that there is a need to create a specific law with binding force, in view of an effective restraint on child advertising. The study revealed that the existing child protection regulatory standards against child advertising in fact have not been sufficient to curb their practice, thus demonstrating the need to create a specific law that effectively prohibits child advertising based on the principles of integral protection, of absolute priority, of the best interest, in line with the premises of socio-environmental sustainability and the principle of intergenerational solidarity, for the protection of future generations.