The self regulation of advertising in Brazil and the experience of using soft law under the view of the economic analysis of law

Authors

Abstract

In Brazil, advertising is controlled primarily through the Law n. 8.078/1990 and, fundamentally, through the Brazilian Advertising Self-Regulation Code. The objective is to present the characteristics of this arrangement, whose acceptability was institutionalized in the market, due to the historical context in which it arose. The cooperative action of the economic agents contributed to the consolidation of self-regulation in this institutional environment. Based on the hypothetical-deductive method, it is proposed that this code of conduct be taken as soft law. Able to function as a conduct-inducer, devoid of sanction, yet likely to contribute to a more ethical market and to influence the efficiency of administrative and judicial decisions. A ruling by the Rio Grande do Sul Court of Justice on comparative price advertising was used to prove the deductive premise adopted in the research.

Author Biography

Edson Mitsuo Tiujo, Universidade Estadual de Maringá (UEM)

Doutor em Direito Econômico pela Pontifícia Universidade Católica do Paraná. Mestre em Direito Negocial pela Universidade Estadual de Londrina, Paraná. Bacharel em Direito pela Universidade Estadual de Maringá. Professor Adjunto na Universidade Estadual de Maringá. Advogado no Estado do Paraná.

Published

2025-04-03

How to Cite

Mitsuo Tiujo, E. (2025). The self regulation of advertising in Brazil and the experience of using soft law under the view of the economic analysis of law. Revista Brasileira De Direito Civil, 33(4), 19–38. Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/956