Responsabilidade das empresas por publicidade abusiva: uma investigação sobre os limites éticos e jurídicos das estratégias publicitárias agressivas e seu impacto nos direitos dos consumidores

• Autor(a) principal: Oliveira, Lucas Caldas Barcellos de
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/41666
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Consumidor; Direito; Responsabilidade civil; Publicidade abusiva; Consumer; Advertising; Civil liability; Abusive advertising

This work begins a journey through the world of advertising and the law, analyzing the limits of abusive advertising and the liability of companies that belong to this chain, turning to a critical analysis of the STJ's understanding of this matter. To begin with, there is a historical analysis of this institute (advertising), and the definition of various concepts seen as essential for understanding the subject, introducing all the concepts that permeate the relationship studied and its systems, today understood as a mixed system of regulation, which in addition to being dealt with in the Law, through the Consumer Protection Code, is discussed and regulated by administrative rules, with the help of CONAR and the Brazilian Code of Advertising Self-Regulation. Consequently, various means of advertising are exposed, highlighting advertising aimed at children and the elderly, who are considered to be a class of hyper-vulnerability, in which there is full protection beyond the normal standards already guaranteed to consumers. In this way, we point out the difference between these classes, consumers and the hyper-vulnerable Finally, there is an analysis of court decisions, focusing mainly on the understanding of the Superior Court of Justice and its relatively consolidated case law on the incidence of article 34 of the Consumer Protection Code in cases of abusive advertising, exposing the cases related to this type of advertising. Unfortunately, there is a lack of correct application of both the understanding established in the CDC and the application of the administrative rules contained in the Brazilian SelfRegulation Code, which should be considered when judging consumer relations and advertising