O greenwashing e suas implicações quanto a publicidade abusiva e enganosa à luz código de defesa do consumidor

Abstract

The concept of environmental, economic and social sustainability, linked to the promise and guarantee of a better world to future generations, it has become much more than an ideal of contemporary society - became a commercial gimmick. In fact, the business owner, be it a supplier of products or services in their production chain takes all necessary measures to reduce impacts of the economic activity on the environment measures conveys to the consumer a measure of accountability, credibility, adding thus economical value to its products and services and, why not, in his own image and brand. Some, however, do more than that. Through fierce advertising offers, some vendors go beyond - allow the consumer the opportunity to participate in this recovery and preservation of the environment chain. Ie, through the consumption of certain products or services called sustainable, consumers can voice their concern to ensure future generations a means of dignified and human livelihoods. Based on these values that have green marketing. However, there is currently much promise as sustainable that although transmitted, do not necessarily correspond with the proposed offer. Ie, the advertising promise of creating a better world through sustainable consumption, sometimes proves incomplete, exaggerated or even nonexistent. This phenomenon is called Greenwashing, this name reflects a kind of misleading advertising in the context of sustainability. And this is the object to be discussed in this dissertation: thoroughly study the implications of deceptive advertising aimed at sustainability in the light of Law 8.078/1990. This study also will address the changes in cultural paradigms that led not only the business market, but also consumers themselves, to seek alternatives to deal with problems related to the environment, thus seeking what we call sustainable development. To this end, this thesis will address aspects of the emergence of the phenomenon called Greenwashing, both worldwide and in Brazil, while pointing out the need to improve the code consumer aspects such as sustainable development and environmental protection. Still, details will be discussed on the basic consumer rights and how these can be applied within the green advertising such commotion right to clear and accurate information when purchasing sustainable products, forced compliance of the offer with respect to a sustainable pledge, among others. Still, as a paradigm, this thesis aims to discuss the role of the National Council for Advertising Self-regulation in the advertising containing appeals for sustainability, bringing in its wake countless judged on the topic. Finally, this study, through hypothetical-deductive method, put in check even the essence of green marketing, assuming that, because it is a method of trading disclosure, the promise of a "better world" through the consumption of a given product may be required in any advertising material.