A hipervulnerabilidade do consumidor criança em face da publicidade veiculada no ambiente digital

Abstract

The study discusses children's advertising on Youtube, which is very present in the 21st century and which demands serious attention from Brazilian law and throughout society, due to the fact that children are intimately connected in the internet environment. Due to the status of a person in development, the Federal Constitution of 1988 assigns a specific guardianship for children, preserving the principle of the best interests of the child in art. 227 of CF/88, being based on discussion in Brazilian law the special attention that the legal system must have in relation to the consumer child, in view of his absolute civil incapacity in the face of a chain of consumption that, naturally, tends to leave that consumer in a position of hypervulnerability. There is already a mixed inspection model in Brazil with aimed at combating this illegality, however, it is clear that it is still far from an ideal model. In this context, the figure of the child “youtubers” emerges, child influencers who produce content for the site, with a lot of fame and popularity, being one of the main responsible for the approximation of the children's audience with precocious consumerism, through advertising misleading and hidden. The work delves into some legislation foreign countries, more precisely those from Australia, Canada, Denmark and Ireland, in which they have advanced provisions on the subject and can influence and provide subsidy in the fight against this illegality. Furthermore, a debate the limits and forms of possible regulations and inspections of the content of youtubers in the digital environment, with a study on the guidelines of Youtube community, as well as an analysis of the Marco Civil da internet – Lei No. 12,965/14. Finally, from specific judicialized cases of publicity children before the Brazilian Superior Courts, is seen as the national jurisprudence protects the rights of the child, even though there is no judgments whose theme took place on Youtube. In fact, the precedents of these Courts provide instruments for the regulation of children's advertising in the digital environment, and must be observed based on the criterion of analogy