Anunciando para crianças: análise do controle da publicidade infantil no brasil

• Autor(a) principal: Torres, Larissa Fontes de Carvalho
• Data de Publicação: 2015
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/tede/7523
• topic: Consumidor; Advertising; Publicidade; Crianças; Infância; Controle; Childhood; Control; CIENCIAS SOCIAIS APLICADAS::DIREITO

This study aimed to identify the effects of advertising on children's public and examine the protection afforded to children in the Brazilian legal system, especially in the context of consumer law, as well as reflect on the disciplin of advertising activity, defining its concept, their ratings and the principles that govern it. We sought to also assess whether the current rules have provided effective protection to the young audience, which was made from the statistical analysis of case-control conducted by the national advertising self-regulation and the Judiciary. To this end, we carried out a theoretical and explanatory research, situating the subject within the stage of evolution of the doctrine and legislation, exposing the rules of public and private character prevailing in the country, besides the bills and administrative rules and comparing them to those applicable law abroad. Empirical analysis of trials carried out by the judiciary and the Council of Advertising Self-Regulation was also made in the years 2012 and 2013, having as basis the hypothesis that the existence of many cases control the advertising submitted to the Judiciary and response the merits of the requests, as well as the judgment by restraining or alteration of advertising CONAR reported to demonstrate the existence of an effective control, which has not been proved, given the small sample obtained from public control and the small percentage of decisions by restraining the ads rendered by CONAR. It was found that, although the subject has the interest of some sectors of society, there are few studies in the area produced in Brazil, while overseas there are many surveys of various kinds, analyzing the subject from different approaches and interests. It was identified, so that commonly ad campaigns have been used for the analysis of child behavior in order to persuade that public to purchase their products and identify with their brand. It was observed also that, in addition to products and brands, some values are propagated by advertising, these values are often incompatible with citizenship, family life and health of children. Given the data provided by the research and analyzed for evaluating the result of the control carried out in the country, the conclusion that the prohibition by advertising directed at children is the most appropriate interpretation for the device inserted in the Code of Consumer Rights and that the existence of control is not sufficient to protect the best interests of the child.