THE FAUSTIAN CONTRACT IN THE DIGITAL ERA: A STUDY ON THE REGULATORY FRAMEWORK OF SURVEILLANCE ADVERTISING IN THE BRAZILIAN NORMATIVE STRUCTURE.
Consumer. Surveillance advertising. Regulation.
This text focuses on the research subject of surveillance advertising and its regulatory framework within the Brazilian normative framework. Based on this, the text is guided by the following research question: "Does surveillance advertising require specific regulation in Brazil, or is the current legislation sufficient to protect the consumer against surveillance advertising?" Consequently, two hypotheses were formulated in response to the posed question. The first suggests that surveillance advertising should be regulated with a new specific regulation to curb its practice, while the other hypothesis proposes that it is possible to protect the consumer through an updated interpretation of existing legislation. Having chosen the hypothetical deductive method, the text relies on bibliographic research supported by books, articles, specialized news websites, and government entities, in addition to judgments from Brazilian and foreign courts. In conclusion, it was found that surveillance advertising exacerbates the informational vulnerability of the consumer, can be considered abusive, and that the current legal framework is capable of protecting the consumer, provided an updated interpretation is applied.