Publicidade infantil nas mídias digitais sob a ótica do direito ao livre desenvolvimento da personalidade da criança

Abstract

Not even children escape the consumer society dynamics, being approached by the market from an early age as consumers and targets of advertising. However, it is necessary to consider that they have an intrinsic vulnerability, due to their stage of biopsychological development, being more vulnerable than the average consumer to the pressure exerted, in a flagrant or surreptitious way, by advertising – they are in conditions of hypervulnerability. Therefore, intended to research if children's advertising, which uses playful elements to seduce them, violates the fundamental right to the free development of children's personality, and research if legal standards are able to guarantee the protection of this public against new marketing strategies in the digital medias – stealth advertising and behavioral advertising. Was used bibliographical research and a deductive-argumentative method. Based on a systematic interpretation of the brazilian Constitucion, Child and Adolescent Statute, Consumers Code, General Data Protection Law and CONANDA Resolution nº 163, it was concluded that children advertising is abusive and illegal. Children must be protected from advertising, so that they can develop their individuality and autonomy. However, it is necessary to balance the rights of participation and rights of protection to guarantee the free development of the children's personality, both in the “real world” and in the “virtual world”.