Fundamental Rights and the Limits of Advertising Directed to Children Regarding the Company’s Social Function

Abstract

The present paper has as its main objective to analyze how the Brazilian legal system regulating the advertising, specifically, that addressed to children, in order to see if the suppliers are free to direct the purchase of their products or services directly to children or whether there are constitutional limitations that prohibit or restrict more concrete, this practice. Under these assumptions, the article will discuss how the consumer defense code, mainly, dealt with the abusive publicity and what are the constitutional limitations which the company is subject, on the grounds of social function. Later, there will be forms of children’s advertising regulation, analysing, in particular, non-nutritious food advertising linked to characters from children’s imagination. For both, the paper uses basically the hypothetical deductive method, being yourself in established doctrines that form the premises to the conclusion that we need more regulatory rigidity the children’s advertising on grounds of constitutional priority treatment to the child and in view of the social function of the company.