A criança e a publicidade de alimentos : a análise de um conflito na perspectiva dos princípios da proteção integral, do direito à saúde e das liberdades de expressão e de iniciativa

Abstract

Advertising plays a prominent role in capitalist society and increasingly their participation has been considered indispensable to the consumer market. No one is immune from creative and seductive ideas that come from communication professionals, not even the children. In this regard - advertising aimed at children - this research seeks to understand the child audience might or might not be the target of advertising, on the inherent vulnerability condition, not the common condition of vulnerability of consumers in general, but a real hyper vulnerability because of age and its formation process. The focus of the research is food advertising and the consequences of an unhealthy diet such as diabetes, cardiovascular disease and obesity, this last, already considered a worldwide epidemic in front of the exacerbated increase their rates every year. Fundamental rights are the legal basis of the research. The full protection of the child and the right to health collide with freedom of expression and free enterprise. The right solution is a judgment weighting by applying the principle of proportionality.