Navegando por Assunto "Direito do consumidor"

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Maquiagem publicitária à luz da responsabilidade social corporativa: uma forma de burla ao novo ideal de consumo identitário
(Centro Universitário do Estado do Pará, 2021-09-01) Silva, Luiza Tuma da Ponte; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Brito, Dante Ponte de; http://lattes.cnpq.br/6032397389412182
This dissertation proposes a study on the impact of misleading publicity on identity consumption decisions, highlighting an interdisciplinary approach that includes legal, philosophical, sociological, advertising and even neurological aspects, based on the inputs raised by neuromarketing. The investigation presents the influence of advertising, through the articulation between the mass cultural industry, the globalization phenomenon and the internet, on consumer choices. In this context, some corporations, under the pretext of using the doctrine of corporate social responsibility, which links ethics, morality, trust, among other values, to business practices, use such precepts as mere mechanisms to attract certain consumer niches, mainly those who defend environmental causes, social rights and the socioeconomic inclusion of the excluded. However, when advertising does not match the activities of the business chain, greenwashing, bluewashing and pinkwashing are configured, respectively. Thus, the attempt to manipulate recipients by means of misleading publicity materializes in an evident fraud to identity consumption, in addition to being misleading advertising that drives the aggravation of consumer vulnerability. Thus, there is a need to deepen consumer protection in the face of advertising, which is not limited to individual law, but transindividual, with repercussions for the entire community, as well as the study of responsibility in the areas of administrative, civil and criminal. Access to information, as a basic consumer right, permeates the entire debate, as frenzied consumption, wrapped in misleading publicity, must be fought through consumer awareness and access to justice, which are intertwined with the spread of information clear, detailed and adequate. The research is exploratory and reflective, carried out by the deductive method, supported by a bibliographical survey in the national and international scope.
O novo paradigma tecnológico e a utilização do neuromarketing como mecanismo estrutural da oferta dentro do comércio eletrônico e a consequente fragilização da tutela consumerista
(Centro Universitário do Estado do Pará, 2022) Cortez, Ana Gabriela Maia; Araújo, Maria Luiza Laranjeira; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419
The article aims to address the main aspects of today's consumer society and the use of advertising offers based on targeted strategies and, consequently, harmful to the consumer's vulnerability. It analyzes, specifically, the changes that have occurred in society as a result of the expansion of consumer needs. In this sense, we seek to enter the study of platform capitalism and the subsequent evolution to a surveillance capitalism, which is characterized as a pernicious logic to the entire social body. Furthermore, it investigates how neuromarketing, as an expression of marketing, becomes a mechanism with potential damage to consumer protection. It is concluded that the use of neuromarketing in an undue manner ends up causing harmful consequences to the consumer: advertising and its manipulation capacity, increasing the informational imbalance and strengthening the artificial needs. Given this scenario, it is essential to regulate and impose limits on the use of neuromarketing in advertising strategies. The deductive and qualitative method was used, based on bibliographic and documentary research on the subject.
Os influenciadores da era digital e a propaganda enganosa: uma análise à luz do Código do Consumidor
(Centro Universitário do Estado do Pará, 2022) Louchard, Sofia Rocha Nascimento; Pinto, Vanessa Cristina da Silva; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419
As the constant technological advances and the initiation of various social communication networks aimed at sharing information, advertising and routine, the means of advertising take on new strategies that, therefore, corroborate for the inspiration of new promises that gave work in the environment digital . The doctrinal, legal, jurisprudential and casuistic study aims to analyze the civil liability of digital influencers in the face of misleading advertising practiced on social networks. The research, therefore, seeks to elucidate the nature of this responsibility applied to digital influencers in the light of the Consumer Protection Code and the constant jurisprudence in the Brazilian legal system.
A responsabilidade civil no tratamento de dados pessoais de consumidores nos contratos de e-commerce à luz da Lei Geral de Proteção de Dados (Lei n. 13.709/2018)
(Centro Universitário do Estado do Pará, 2019-06-13) Oliveira, Ana Beatriz Henriques de; Soares, Dennis Verbicaro; Oliveira, Felipe Guimarães de
The main purpose of this study was to elucidate the way in which civil liability derives from the processing of personal data in e-commerce’s consumer contracts, based on the General Law on Data Protection (GLDP), leading to questions essential to the understanding of legal protection of personal data, its treatment and the numerous infringements of rights to the holders. This is a monograph, derived from the analysis of the provisions of Law no 13,709/ 2018 and a bibliographical research, developed through the reading of books, scientific articles and news published in mass media, used to reiterate the relevance of this topic to the present. In this research, the consumer's situation in electronic commerce was investigated, starting from the contextual analysis of information technologies and their social, political and economic impacts. The main forms of data processing, as well as the fundamental rights violated by these practices, were also illustrated. Then, the issue of the Right to Privacy and the situational vulnerability of the consumer opposite information technologies was portrayed. Therefore, it was sought to elucidate the indispensability of the legal protection of data, brushing how it was developed, making it possible to point out the main sources of influence for the construction of specific national legislation on this area. Subsequently, the most basic aspects of the General Data Protection Law were verified, highlighting its innovative character. Finally, the importance of the civil liability institute for e-commerce was shown, by means of the analysis of the GLPD provisions related to this subject, so that a necessary combination of factors has been demonstrated, such as: the National Authority for the Protection of Data (ANPD); the obedience to the diverse legislative and principles sources and the cultural adequacy of the companies and agents of treatment in order to give effectiveness to the recently inaugurated general regime of Brazilian data protection.
Solidariedade como via alternativa de controle do superendividamento dos idosos decorrente do assédio de consumo para aquisição de crédito
(Centro Universitário do Estado do Pará, 2021) Chaves, Carlos Gustavo Chada; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Catalan, Marcos Jorge; http://lattes.cnpq.br/4691603916424874
The country has been going through, especially from the 70s of the last century, through na intense and irreversible aging process of its population with profound social and economic consequences, ranging from changes in the profile of brazilian families to the empowerment of the elderly in the market of consumption. Such vicissitudes are not unnoticed by the Market of production and circulation of goods and services and, in particular, by financial institutions: heavy advertising campaigns are promoted every year aimed at offering payroll-deductible loans. The techniques, however, used to capture this particular and hypervulnerable niche of consumers are sometimes translated into true practices of consumer harassment, essentially represented in targeted actions and illicit advertising, compromising the freedom of the elderly, with the potential to lead to the unthinking acquisition of credit and, therefore, to its most harmful effect: irreversible indebtedness. The present work intends, therefore, as a general objective, to approach how the solidarism forged in the associations can be instrumentalized as a way of defending the elderly consumer against consumer harassment practices aimed at contracting payroll-deducted credit. As specific objectives, it is proposed: to analyze the aging process of the Brazilian population and its characteristics, as well as the national and international protective normative treatment regarding the elderly; study the consumption habits of the Brazilian elderly, as well as their position in the market as hypervulnerable; expose how consumer harassment to purchase credit can lead the elderly to behaviors that are harmful to their financial health, culminating in irreversible over-indebtedness; and, finally, to explain how the lack of solidarity among the elderly makes it difficult for them to defend themselves in the consumer market, in particular with regard to the prevention and control of consumer harassment practices when taking out credit, contributing to their over-indebtedness and downgrade. of the standard of living. To carry out this study, the deductive method was adopted, with consultations to national and foreign bibliography and access to information contained in databases of the Instituto Brasileiro de Geografia e Estatística, Confederação Nacional do Comércio de Bens, Serviços e Turismo and Banco Central do Brasil. In the end, it was concluded that the solidarism forged within associations of the elderly is a feasible instrument for the prevention and defense of over-indebtedness resulting from consumer harassment for taking out credit. The research is in line with the public policy and regional development research line by studying and developing alternative ways to defend such a niche of consumers in the face of consumer harassment practices for acquiring credit with the potential to lead them to over-indebtedness.