Advertising and marketing—Brazil—Q&A guide [Archived, 2021 edition]
Published by a LexisNexis Commercial expert
Practice notesAdvertising and marketing—Brazil—Q&A guide [Archived, 2021 edition]
Published by a LexisNexis Commercial expert
Practice notes
This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021).
Authors: IWRCF—Luiz Werneck; Talita Sabatini Garcia
1. What are the principal statutes regulating advertising generally?
The principal statutes regulating advertising in Brazil are:
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the Brazilian Federal Constitution;
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the Consumer Protection Code (Federal Law No. 8,078/90);
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the Statute of the Children and Adolescents (Federal Law No. 8,069/90);
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the Brazilian Advertising Self-Regulation Code;
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Federal Law No. 5768/71;
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Decree No. 70,951/1972;
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Federal Law No. 5,768/71 and Decree No. 70,951/1972 regulate commercial promotions and sweepstakes; and
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National Health Surveillance Agency resolutions.
2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled?
The bodies responsible for issuing advertising regulations in Brazil are the National Advertising Self-Regulation Council (CONAR) and the government itself, represented by the House of Representatives and the Senate.
CONAR
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Jurisdiction(s):
United Kingdom
Key definition:
Advertising definition
What does Advertising mean?
Advertising is defined very broadly to encompass any form of representation that is made in connection with business in order to promote the supply or transfer of a product.
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