Brazil: Advertising To Children In Brazil: A New Minefield

Co-authored by: Lívia Miné, Rebeca Arruda Gomes & Amanda Rudzit

Advertising to children is currently a heated topic in Brazil in view of the recent decisions by the Superior Court of Justice ("STJ").

Last  year,  the  STJ  ruled  an  important  case1   filed  against  one  of  the  food  industry  giants, concluding that the defendant engaged in abusive advertising of food products for children. The defendant's   campaign   allowed   children   to   exchange   product   packages   plus   R$5.00   for wristwatches with images of the Shrek cartoon. The STJ considered this campaign to be a tie-in sale, which is illegal under the Brazilian Consumer Defense Code ("CDC"), and abusive because it induced the young audience to consumption and manipulated the innocence of their universe. The Supreme Federal Court reporting Justice decided not to hear the appeal filed by the manufacturer on the grounds that it dealt with non-constitutional issues only. Manufacturer may still appeal to the whole panel.

On April 25, 2017, the STJ rendered a similar decision in a nearly identical case2, granting the appeal filed by one of the São Paulo Consumer  Agencies  (Procon)  to maintain  a fine against another company in the food industry that offered stuffed animals in exchange for R$3.00 and stamps found in what was deemed an unhealthy product. The written decision is not available yet, but it appears that once again what triggered the conclusion of abusive advertising was the tie-in sale directed to children. The STJ demonstrated a growing concern about the manipulation of children's innocence through different forms of entertainment in times when child obesity is a real issue for society as a whole. According to the STJ, the decision about the purchase and consumption of food products shall lie with the parents only.

While  these  decisions  have  provoked  a  heated  debate  in  the  legal  community  and  a deep reflection  about children's  health, they have also given rise to many questions  such as what forms of campaign are considered manipulative  of children's realities, and what are the limits imposed to the food industry as to products that can be equally targeted at children and adults.

Research in the main Courts of Appeals in the country3 reveals that the recent STJ decisions have not  yet  greatly  affected   the  way  that  these  courts   view  the  matter.   The  predominant understanding  is that the evaluation of possible abuse in advertising directed to children must be done on a case-by-case  basis, and that advertising of food products directed to children is not abusive per se.

Although decisions from the STJ usually are an indication of how lower courts will rule similar cases, such decisions in principle are not binding, given Brazil's codified legal system.

One of the corner stones of the Brazilian Constitution is the right to freedom of market, speech and thought, which makes the discussion on the limits of advertising to children even more interesting. In addition to the Constitution,  there are several laws that grant ample protection to children, such as the Child and Adolescent Statute ("ECA"), the CDC, and the CONAR Code (a self-regulating  advertising  code). These laws  and  regulations  do not  prohibit  advertising  to children, but, rather, govern the way it shall be done.

Conversely, in the Federal Government's sphere,  Normative Resolution 163/2014 issued by the Children's and Adolescent's Rights National Council (CONANDA), from the Ministry of Justice, considers   abusive the advertising directed to children with the intent of encouraging them to consume any product or service.  While a heated discussion started when this Resolution was issued,  its validity  has been  repeatedly  challenged  since  a resolution  should  not overpower formal laws such as the CDC; and prohibitions for specific categories of abusive advertising shall be imposed through ordinary laws. Thus, the industry has always considered the Resolution to be an ineffective backdoor prohibition.

In summary,  despite the existence of laws and regulations  that protect children  and impose limits on advertising targeted at this audience, such type of advertising is not banned in Brazil. On the other hand, courts – especially the STJ – are revealing an increasing tendency to consider specific types of advertising to children to be abusive, thus turning this issue into a real minefield for manufacturers.


1 Pandurata Alimentos Ltda. vs. Public Prosecutor's Office from the State of São Paulo, Superior Court of Justice, Appeal #1.558.086/SP, 2016.

2 Fundação de Proteção e Defesa do Consumidor do Estado de São Paulo vs. Sadia S/A, Superior Court of Justice, Appeal #1.613.561/SP, 2017.

3 Research was conducted in the Court of Appeals in the states of Rio de Janeiro, São Paulo, Minas Gerais, and Rio Grande do Sul, as well as in the Distrito Federal, from the period between June, 2016, and April, 2017.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.