THE CONSEQUENCES OF MISLEADING ADVERTISING: HOW DOES IT HURT CONSUMERS' RIGHTS UNDER THE BRAZILIAN LEGAL SYSTEM

Abstract

Abstract: This is a scientific production whose theme is the consequences of misleading advertising for the consumer. The control of this type of pernicious practice regarding the formation of consumer behavior must occur in different spheres, however, complementary, that is, the legal and the private spheres. It is the responsibility of CONAR, as a private control body, to exercise ethical control over publicity and advertising professionals, so that what the national legal system says about consumer protection is fulfilled. The crime of misleading advertising is provided for in art. 67 of the Consumer Protection Code and whoever commits it may be subject to a prison sentence of 3 months to 1 year, in addition to the payment of a fine, with the victim being guaranteed a refund or exchange of money. The objective is to demonstrate all the legal support that Brazil provides to ensure that consumers are not or feel harmed by misleading advertising. In this sense, after discussing the available legal protections, a brief compilation of rules that curb misleading advertising in Brazil is presented. The methodology used was a descriptive and exploratory literature review.