Regulamentação da publicidade infantil versus a liberdade de expressão.

Abstract

The advertising aims to the profit through the persuasion and obtaining of adeptsto the items and commodities offered. To achieve this purpose, in a market of large offering and increasingly demanding buyers, the advertisers, when they disclose their products and services, they can utilize techniques that affect legal norms and principles, principally, of the consumer right, besides the fact that the child be considered current and potential consumer, the targeting of advertising for the child, whose aggravated vulnerability, is an issue more delicate, and for this reason there is the discussion around the commercial advertising directed at children, some in favour of the defense of freedom of commercial expression, others against, there are even those who ask for more restriction and clarification in the existent norms or the end of the advertisements, because there is not a specific norm in the Brazilian legal order. Hence, the aim of this research is to demonstrate the regulation forms of advertising in Brazil, the positions that support the contrary and favorable opinions to the children’s advertising, besides to relate it with the abusive, deceptive and prohibited practices of Consumer Protection Code; the research also intends to address the freedom of commercial expression that is defended by the regulated sector. Therefore, through the deductive and bibliographic method, with the analysis of doctrine and relevant legislation, it is noteworthy the balance between the right to disclose and the child’s protection as a human being in process of development and to demonstrate if the freedom of commercial expression keeps the right to disclose, or stems from the free enterprise established in the Brazilian Economic Order.