Proteção do consumidor contra a publicidade parasitária desenvolvida nas mídias sociais

Abstract

Parasitic advertising can be defined as a commercial practice in which suppliers improperly use distinctive elements of established brands or products in the market, such as logos, slogans, packaging, and other visual signals, with the aim of misleading consumers into believing there is a legitimate association between the product or service offered and the prestigious brand to which these elements refer. Thus, it is evident that the core issue revolves around the following question: Can parasitic advertising developed on social media be characterized as a form of deceptive and abusive advertising, subject to legal sanctions? This question arises from the need to understand how this practice fits within the current legal framework and what the potential repercussions are for consumers and the consumer market. The study of this topic is important because, by addressing parasitic advertising, the negative consequences of this practice, which directly affect consumer trust, distort fair competition, and compromise the integrity of the market, are brought to light. Furthermore, analyzing the legal implications of this practice is essential for developing more effective protection mechanisms, especially in the digital environment, where regulation and oversight are still insufficient. The general objective of the research is to investigate whether parasitic advertising can be classified as deceptive and abusive advertising under the Consumer Defense Code (CDC). Specifically, the research aims to (a) identify the constitutional foundations of consumer protection, as provided for in the 1988 Constitution of the Federative Republic of Brazil (CRFB/1988) and the Consumer Defense Code (CDC), (b) define and characterize parasitic advertising in the context of social media, exploring how digital platforms facilitate this practice, and (c) explore the legal basis for classifying this practice as illicit, focusing on the rules that define deceptive and abusive advertising and the legislation on industrial and intellectual property protection. Regarding methodological procedures, the research adopts a deductive approach, starting from the analysis of general principles to the specificity of the topic. The nature of the research is applied, aiming to investigate the application of legal norms to consumer protection in the context of parasitic advertising. A mixed methodology is used, combining qualitative analysis, based on bibliographic and documentary review, and quantitative analysis, with data collection through questionnaires directed at consumers on social media. The research is descriptive and explanatory, aiming not only to describe the characteristics of parasitic advertising but also to explain how it affects consumers and the market. It concludes that, although the topic is partially covered by existing legislation, according to Articles 37, §§ 1 and 2 of the CDC and Article 195, items III and IV of the Industrial Property Law, there is an urgent need for more in-depth studies on collective consumer protection and specific regulations on parasitic advertising to ensure effective consumer protection in the digital environment.