B r a z i l

20. RESTRICTIONS ON ADVERTISING

The Code for the Protection and Defense of the Consumer says in Article 6, The following are basic rights of the consumer:

I..  the protection of life, health and physical well-being against risks arising from practices in the provision of products and services regarded as dangerous or harmful;

II.   education about appropriate consumption of goods and services, ensuring freedom of choice and equal treatment;

III.  appropriate and clear information about the different products and services, accurately specifying quantity, characteristics, composition, quality and price, as well as about the risks they may pose;

IV. protection against deceitful and abusive advertising, coercive or unfair commercial methods, as well as abusive practices and conditions that may be imposed in the supply of products and services;

V.  amendment of any contractual requirement for disproportionate payment or its revision should subsequent events make compliance unduly onerous;

VI. effective prevention of and recompense for any individual or collective damage done;

VII.            access to the courts and government agencies with the aim of preventing or obtaining recompense for damage done, with legal, administrative and technical protection being guaranteed for the needy;

X.  suitable and effective provision of public services in general.

Article 36: Advertising must be presented in such a way that the consumer can identify it as such easily and immediately.

Sole paragraph: A supplier, in advertising his goods or services, shall keep in his possession, for the information of those legitimately interested, the factual, technical and scientific facts that support the message.

Article 37: All deceptive or abusive advertising is prohibited.

§1. Considered deceptive is any kind of advertising information or communication that is completely or partially false or, in any event, including by omission, is capable of leading the consumer to error with regard to the nature, characteristics, quality, quantity, properties, origin, price and any other details of products and services.

§2. Considered abusive is, among others, discriminatory advertising of any kind, that which incites to violence, exploits fear or superstition, takes advantage of the lack of judgment and experience of children, does not respect the environment or is capable of causing the consumer to act in a way that is harmful or dangerous to his health and safety.

§3. For the purposes of this Code, advertising is considered deceptive by omission when it fails to inform about some essential fact concerning the product or service.

There follows several forms of restriction of the content of advertisements or propaganda. Article 17 of Decree Nș 57,690/1966 states:

I.   It is not permitted:

a) to publish text or illustrations that are contrary to public order, morality and good customs;

b) to divulge confidential information about the business or plans of client advertisers;

c) to reproduce advertising themes, axioms, marks, music, illustrations, or radio, television or movie plots without the prior consent of the owners or authors;

d)  to defame competitors and denigrate their technical merits;

e)  to attribute defects or faults to competing goods, products or services;

f)   to contract propaganda at a loss or on unfair terms;

g) to use financial pressure with the aim of persuading a broadcast outlet to alter the treatment, handling and special conditions for propaganda.

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