O controle da publicidade infantil de alimentos: hermenêutica à luz do direito fundamental de proteção à criança com absoluta prioridade

Abstract

This work aimed at analyzing the need to control the advertising of children of foods and beverages of low nutritional value, once a contemporary society converges for a dietary pattern characterized by ultra-processed foods of very high energy density, causing the global epidemic of obesity and on the appearance of diabetes and other Chronic Non-communicable Diseases (CNCDs). The problematization raised revolves around the following investigation: based on two scientific and empirical indications that children's advertising of foods of low nutritional value contributes to an increase in obesity and CNCDs taxes, how is it possible to carry out a preventive control through the instruments and functions of civil liability? The hypotheses raised demonstrate that due to the unfinished state of psychic development of the child, the advertising of foods of low nutritional value influence the consumption of these products. This issue is justified on the basis of the ambivalent nature of child protection, related to child advertising, in view of the ineffectiveness of advertising self-regulation and the lack of compliance with child protection legislation. The general objective is to analyze the need to control the publicity of foods of low nutritional value directed to children in Brazil, through the preventive function of civil responsibility and material inibitory guardianships, considering that this model of publicity is a kind of commercial practice considered abusive by the Brazilian norms, as retribution by the Superior Court of Justice - STJ and by recommendations of international organizations. Regarding the methodology used for the elaboration of the study, the argumentative method is chosen because allows the analysis and balance of two principles in highlighting, notably the principles of vulnerability, the absolute priority of protection for children and prevention.