Alves, Fabrício GermanoSousa, Pedro Henrique da Mata Rodrigues2022-06-092022-06-092022-05-25SOUSA, Pedro Henrique da Mata Rodrigues. Proteção do consumidor referente à publicidade comparativa parasitária. 2022. 97f. Monografia (Graduação em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2022.https://repositorio.ufrn.br/handle/123456789/47617The advertising, in general, is a tool to encourage consumption aimed at the consumer public, which aims to meet their needs through the acquisition/use of products/services. Several times, certain portions of this public have idiosyncrasies that originate specific desires for a product from a particular supplier, i.e., consumers choose to guide their consumption based on the perception of quality, quantity, credibility of the supplier, origin, price, among others. However, it is precisely based on these preferences that parasitic suppliers influence the consumers' decision-making process through imitation, denigration and misrepresentation in order to push products/services on them. In this context, in order to confuse consumers, one notices the use of comparative advertising as a tool to encourage mistaken consumption, or rather, one notices the use of parasitic comparative advertising, a more specific and harmful type of comparative advertising. In fact, the following questions are raised: a) are consumers harmed when exposed to parasitic comparative advertising used by parasitic suppliers to the detriment of their competitors, considering that the Brazilian environment lacks specific regulation of this matter? and b) can the exposure of consumers to parasitic comparative advertising cause confusion and harm their decision-making process if parasitic suppliers unduly handle the reputation, image and strategies of the host supplier to ascend in the marketing context? In fact, such discussion becomes necessary due to the vulnerability of consumers when exposed to advertisements with damaging potential, capable of coercing their decision-making methods simply to compel such individuals to purchase products/services without their knowledge, i.e., comparative parasitic advertising has an enormous potential to cause confusion in consumers. The objective is to analyze the characteristics of comparative parasitic advertising in relation to consumer protection, as well as to understand how this type of advertising can be regulated based on existing normative devices in the Brazilian legal system, namely, the Consumer Protection Code. As methodological procedures, it employs research of an applied nature, of a theoretical-practical type, by means of the hypothetical-deductive and inductive approach methods, as well as the qualitative approach to the problem, with descriptive and exploratory objectives, based on bibliographic, documental and jurisprudential technical procedures. In view of this, we conclude that comparative parasitic advertising lacks specific regulation in the national context, but, while there are not enough provisions, the Consumer Protection Code should be used, based on the perception about the non-identification of advertising (art. 36, caput), the configuration of deception (art. 37, §1°) and the characterization of abusiveness (art. 37, §2°), to promote the protection of these vulnerable subjects when exposed to such practice.Direito PublicitárioProteção do consumidorPublicidade comparativaPublicidade parasitáriaAdvertising LawConsumer vulnerabilityComparative advertisingParasitic advertisingbachelorThesis