DIREITO À ALIMENTAÇÃO NA PRIMEIRA INFÂNCIA: EFEITOS NOCIVOS DAS PRÁTICAS MERCADOLÓGICAS NA QUALIDADE DO ALEITAMENTO NATURAL

Abstract

This paper aims to describe and discuss the difficulties inherent to the recognition of a specific right to breastfeeding in conflict with the current national consumption policy. To do so applied an exploratory research methodology based on the qualitative approach of surveying subjective data about the pattern of violation of constitutional and consumerist statements directed to the defense of the right to infant feeding, in order to understand which are the necessary paths to the resolution of the problems identified, based mainly on the technique of documentary analysis of websites magazines, newspapers, books, researches, reports, legal documents and technical standards, but also on the bibliographical review of renowned authors of the pediatric and legal areas, with the intention of defining the essential concepts to the elucidation of the problematic and the theme’s relevance relevance and the understanding of how this question is currently inserted in the law and the Brazilian society. This necessarily goes through the reaffirmation of the premise that breastfeeding is the most important human act of nutrition and a fundamental social right intrinsic to the vital right to feed, as well as the understanding of what is the legal support offered by the CRFB/88 and by the infra-legal legislation about the right to quality natural breastfeeding in early childhood and consequently the existing gaps in this regard, which open the way for a series of systematic violations of the basic right to feed for infants, since the production and consumption market finds a favorable environment for the propagation of the most varied market practices that are harmful to the rights of Brazilians and that affect the quality of the natural milk offered to children.