Reflections on the forms of accountability for the practice of misleading advertising

Abstract

This paper aims to study the administrative and legal consequences given by the Brazilian law, arising from the deceptive practices that involve consumer relations. Thus, the research highlights concepts and characteristics concerning consumer protection in the light of the Consumer Code and is of great relevance to the contribution of knowledge about consumer rights, especially in view of the possibility of accountability and penalization of those responsible for the conduct of misleading publicity. The deductive method was used, based on bibliographic materials, including research on laws, jurisprudence and indicative doctrines on the subject, in order to demonstrate the legal consequences in the scope of civil and criminal liability as well as the administrative sanctions imposed on those responsible for the practice of illegal advertising. Based on the analysis, it appears that the impacts generated by the deceptive practice can be applied in various ways, being administratively the imposition of fines and other sanctions and, legally, by civil and criminal liability, thus configuring relevant protection for consumers who are victims of this practice.