CONSIDERAÇÕES ACERCA DA ABUSIVIDADE DO GREENWASHING

Abstract

This monograph aims to study, in the light of Consumer Law, the abusiveness of the commercial practice of greenwashing. With this, we intend to answer the following question: in what sense can greenwashing be considered an abusive commercial practice? As for the methodology, theoretical, qualitative and descriptive research modalities were used. The approach method mostly used was hypothetical-deductive. With regard to procedural methods, the historical and statistical methods were used. In addition, regarding research techniques, indirect documentation was used.This resulted in the construction of a work divided into three chapters. In the beginning, it addresses the consumer society and the environmental consequences of exacerbated consumption. Subsequently, the context of the emergence of environmental awareness and the search for sustainable development is outlined, as well as the use of the environmental protection argument as a marketing strategy. In addition, it deals with consumer vulnerability and the importance of the right to information provided in the Consumer Protection Code. It is also approached the concept of consumer supply and its effects, as well as advertising, its guiding principles and prohibited modalities by consumer legislation. Thereafter, greenwashing is characterized and analyzed. The conclusion reached is that greenwashing is an abusive commercial practice as it constitutes a misleading offer or advertising, violating the consumer's right to adequate information and the principles of trust, good faith and transparency, as well as it typifies a crime according to the provisions of arts. 66 to 69 of the CDC