Post by account_disabled on Jan 24, 2024 23:13:10 GMT -5
Bill 3,515/2015, which deals with over-indebtedness, is being processed in the Chamber of Deputies. It included an amendment to the text of article 37, paragraph 2, of the CDC, redefining the concept of abusive advertising for children: "Advertising is abusive, among others: (…) that contains an imperative consumer appeal to children, that is capable of promoting any form of discrimination or feelings of inferiority among the public of children and adolescents or that employs children or adolescents as direct spokespersons for the consumer message".
Changing the CDC text on this matter Buy Phone Number List now is a mistake. In the current text, abusive advertising to children is defined as advertising that "takes advantage of the child's lack of judgment and experience". It is an indeterminate legal concept, according to the model of legislation that has been adopted in Brazil, especially in the post-constitutional period. This legislative technique consists of leaving the implementation of the normative concept in the hands of the interpreter, depending on the specific case under analysis. The judge will say whether a particular advertisement takes advantage of the child's natural deficiency in judgment and experience, therefore, whether or not it is abusive.
The cases brought to the Judiciary for examination on this matter during the 26 years that the CDC has been in force are relatively few and have only recently begun to reach the Superior Court of Justice, which means that we are just beginning to condense jurisprudence on this topic. This is definitely not the right time to change the law, because we will have to start all over again. The proposed text, if approved, will function as an explanatory clause for the open formula in force. The result will inevitably be reductionist. In other words, any advertising that is not an imperative consumer appeal, that does not expressly involve the child or that does not promote discrimination or inferiority will simply no longer be considered abusive.
Changing the CDC text on this matter Buy Phone Number List now is a mistake. In the current text, abusive advertising to children is defined as advertising that "takes advantage of the child's lack of judgment and experience". It is an indeterminate legal concept, according to the model of legislation that has been adopted in Brazil, especially in the post-constitutional period. This legislative technique consists of leaving the implementation of the normative concept in the hands of the interpreter, depending on the specific case under analysis. The judge will say whether a particular advertisement takes advantage of the child's natural deficiency in judgment and experience, therefore, whether or not it is abusive.
The cases brought to the Judiciary for examination on this matter during the 26 years that the CDC has been in force are relatively few and have only recently begun to reach the Superior Court of Justice, which means that we are just beginning to condense jurisprudence on this topic. This is definitely not the right time to change the law, because we will have to start all over again. The proposed text, if approved, will function as an explanatory clause for the open formula in force. The result will inevitably be reductionist. In other words, any advertising that is not an imperative consumer appeal, that does not expressly involve the child or that does not promote discrimination or inferiority will simply no longer be considered abusive.