Subliminal Advertising: Violation of Consumer Rights and the Right to Compensation of Collective Moral Damage

Abstract

In a solidarity society, where constitutional values guides private relations, the protection of the community has come to prominence in the legal system. It was in this scenario that the present article proposed a brief study about a socially relevant topic, which is the consumers fundamental right of reparation for collective moral damages arising from subliminal advertisements. Your goal was consubstantiated in to analyze the pertinence of the referred damages and, if so, identify their respective legal category, the form of the responsibility, whom would be the potential responsible and how they might feel excluded from a possible conviction. Thus, we performed a literature search by consulting normative texts, books, papers, court decisions and website. During development, was initially discoursed about the collective moral damage, addressing their origin and importance, after which it went through the history of advertising and its legal protection at CDC, mentioning modalities prohibited with emphasis on subliminal messages. Following, recognizing that the advertising is not limited to the interests of the parties and third parties, having the ability to reach an unlimited number of people, with evident social function, it was demonstrated its potential possibility of injury to the collective emolument order, defending himself, finally, in the pursuit of reaching the dignity of the individual consumer, the need for effective accountability, objective and supportive of those who contributed directly or indirectly to the detrimental event, as a result of the own reparatory, preventive, promotional and punitive effects of the collective moral damage.