A publicidade destinada ao público infantojuvenil na internet: considerações à luz da proteção integral às crianças e aos adolescentes

Abstract

The Brazilian Child and Adolescent Statute took on a relevant role in guaranteeing the rights of both children and adolescents. Acknowledging them as subjects of rights, the Statute gave them special protection, imposing especially on the family, the State and society the duty to shield them from harmful practices for their development. Among these practices, we find advertising to children, especially on the internet, which uses appealing techniques that are, most of the times, difficult to be properly identified as persuasive for this vulnerable public to consume their products, threatening their physical and psychological well-being. Through exploratory research, doctrinal and case law consultations, this work proposed a brief analysis of advertising in its historical context to the present, also addressing its influence from a psychological and behavioral point of view. In addition, it verified some of the advertising strategies aimed at children and adolescents most used by companies and brands in the virtual environment, being considered, in the meantime, the relationship between children and adolescents with advertising, and its effects, and the position taken by the Brazilian legal system regarding advertising to children, highlighting some possible solutions to the controversy in question. In the end, it was concluded that the existing legislation on the topic was ineffective, deserving the implementation of a single legislation that encompasses and pacifies the provisions inherent to the matter, not excluding the measures to be taken to promote the effectiveness of the standards also in the virtual environment.