Marco ético-legal da publicidade infantil no Brasil e na Espanha: estudo comparativo

Abstract

This article aims to present a comparative study between Brazil and Spain with regard to public policies (regulation) and the self-regulation scenario (codes of ethics and other fronts) aimed at children’s advertising in such countries, and to update the debate around an ethical and legal framework most appropriated to the defense of children’s rights. The methodology used was a literature review of works on sociology of childhood, child psychology, advertising ethics and consumer society, documentary research in codes of ethics and current legislation and bills of both countries, as well as interviews with leaders of the Brazilian (CONAR) and Spanish (AUTOCONTROL) self-regulatory bodies. Among the main results, it was observed, for example, that the Spanish legal field on child advertising is closer to a co-regulatory scenario, since the existing norms provide for a more synchronized operation between state and market in defense of the rights of consumers. Also, it was seen that, with Resolution 163/2014 by CONANDA, Brazil would theoretically have a more robust regulation that the one of Spain on child advertising, despite the fact that its guidelines are not being properly followed. Finally, among other results, there was a stronger performance of the Spanish self-regulation organ in the supervision of ethical violations in advertising targeted to children, as many ads are judged each year before they enter in circulation. Keywords: children’s advertising, public communication policies, ethics in advertising, childhood, advertising self-regulation.