Proibição da publicidade infantil e o Estado: Proteção da infância ou violação de liberdades?

Abstract

This dissertation discusses the appropriateness and necessity of the State's action in the sense of prohibiting advertising aimed at children. In the first chapter, the legal, economic and social aspects of advertising activity were addressed, especially those aimed at an audience made up of children, in addition to questioning the strength of CONANDA Resolution 163/2014 to support such prohibition. In the second chapter of the work, the limit of State action and the role of the family in protecting children exposed to the content of advertising campaigns that have children under 12 (twelve) years of age as their target audience were questioned, adopting as a counterpoint to this examination, the legal institute of autonomy, which allows the control over the content delivered to minors to be of the persons responsible for them. Also in this session, the impact on the development of children sheltered from exposure to children's advertising was inquired. In the third chapter, it was analyzed whether the ban intended by civil society and defended by Brazilian and foreign scholars has the power to really bring protection to children, as well as whether this ban is in harmony with the constitutional text, especially with regard to freedom of expression and initiative and if it does not conflict with infra-legal norms. For this purpose, the constitutionality, legality and public interest of some legislative proposals already presented were analyzed with the aim of banning advertising for minors. The inductive method was used, since the construction of knowledge took place from a particular situation to carry out a general study.