FALSE ADVERTISING IN CONSUMER RELATIONS: A JURISPRUDENTIAL ANALYSIS OF THE COURT OF JUSTICE OF THE STATE OF BAHIA

Abstract

Misleading advertising is considered a marketing strategy, with the sole and exclusive purpose of inducing consumers to make decisions based on false or manipulated information, seriously violating the expectations created by them. In writing this scientific article, the objective is to analyze case law, specific legislation and doctrinal understandings regarding the liability of companies when damages are caused to consumers, as well as the importance of protecting the most vulnerable in the consumer relationship. To the detriment of the above, the theoretical contribution will be constituted from some authors and scientific articles that address the present topic, having as relevance essential points to complement this work, including case law notes that seek to affirm consumer protection against misleading advertising and what are the applicable sanctions. The methods employed were the understandings and theses established in bibliography, explanatory, deductive and extensive, with the aim of enriching as much information as possible in this article. With emphasis on the above, this work is based on analyzing the jurisprudential understanding, including doctrinal and legislative understanding that, in the face of such abusiveness and deception, those responsible will be sanctioned. Thus, the results obtained confirm what is already expected, that misleading advertising is an unlawful act and that the courts' findings are favorable in favor of the defense of consumer rights, mainly highlighting that any and all unlawful acts committed, the responsible party will have to bear the consequences of their actions. In this sense, it is concluded that the consumer is protected from abusive practices by companies through the CDC and that viable means are necessary for them to know their rights and when they are being violated.