O controle da publicidade ilícita pelo conar e a proteção dos consumidores

Abstract

This paper intends to present and discuss a form of consumer protection against unlawful advertising, exercised by the National self-regulatory Advertising Council (CONAR), as a private, non-profit entity, which has, as two of his purposes, to enforce the rules of the Brazilian Advertising Self-regulation Code (CBAP) and decide the ethical conflicts that have, as their object, the advertising industry or questions related to it. This form of control of illicit advertising can be quite effective, especially if it is carried out in an integrated manner and, when appropriate, with the organs of State control. It is also possible to expand its acting, participating as amicus curiae in Court proceedings involving disputes related to advertising. An analysis of CONAR’s Estatute, the Brazilian Self-regulatory Advertising Code, the legislation, CONAR’s decisions and the doctrine lead to the conclusion that such a way of controlling illicit publicity, within certain limitations, can be effective in protection of consumers ' interests