As formas de publicidade e propaganda no Youtube como geradoras de responsabilidade civil: analisadas à luz do Código de Defesa do Consumidor

Abstract

The Consumer Protection Code essentially seeks to balance the relationships between the producer of the product or the service provider and the potential consumer or consumer. This is due to the fact that, in theory, the consumer or his potentiality has less technical knowledge about the treated product or service, making the relationship unequal. Initiated in Industrial Revolutions and leveraged by globalization, the means of propaganda became necessary to highlight similar products or services produced by different suppliers, who increasingly needed to take the product to the consumer in an easy, agile and complete way. However, advertising, marketing and advertising were not limited to physical space such as magazines, newspapers and billboards, entering the newly discovered space of digital media, such as computers, radios and televisions, which made advertising information inescapable. As a specific example, there is the entertainment platform called Youtube that, essentially, does not have publicity character, but rather to enable the creation of the most varied videos, being both informational, educational, fun, among others. But as usual, the marketing gaze saw a wide range of opportunities to quickly and efficiently pass on their products and services to potential buyers, as was the trader's dream in the history of the Industrial Revolution. Therefore, together with this fact, Youtube surrendered to the acquisition of capital through the availability of the advertisement on your site, aiming also, the profit. Logically, because it is an open and inviting platform, advertisements have spread fully among the population, not worrying about age and much less social appeal in advertising content. This then comes into conflict with freedom of expression, both defended in CF / 88 in Brazil and spread by commercial entrepreneurs, who do not surrender to the prohibition of advertisements and nor at least their restriction according to the age of the person . However, it should be noted that the child and the young person do not have 100% capacity of distinction or financial organization, being a greater target for the infinite possibilities of contents that receive day to day.