A publicidade enganosa e a responsabilidade civil das concessionárias de telecomunicação aberta

Abstract

The consumer market dictates the complex relationships, in which the common transit of values, products and services is verified. In order to maximize its reach, the market has long opted for advertising, a technique that is consistent in the presentation of information aimed at persuading the target audience to adopt certain behavior. Creativity is a symbolic trait of advertising, which comes in many different forms.In Brazil, the Federal Constitution subjected economic activity to respect for great principlesincluding consumer rights.In this sense, a legislative micro-system was set up to protect vulnerable business people, namely consumers.Seduction through advertising is not unrestricted, it has to do with a broad principiological framework delimited by the dignity of human person. From now on, considering that the main diffusers of advertising are the mass media and that television, especially in open broadcasters, is its most popular instrument, it is questioned its responsibility for the quality of advertising information. In this context, from the doctrinal analysis and the conglobated view of the regulatory atmosphere, sensitive findings are established, given the impact of exposure to a diffuse spectrum of information that damages the rights of a large number of people.From this perspective, the objective is to structure the adequate subsidies to indicate why liability is a necessary measure.