Vamos fazer uma "publi": uma problematização da legalidade do stealth marketing

Abstract

This study examines covert advertising practices in Brazil, focusing on how stealth marketing strategies—such as product placement, viral campaigns, and influencer-based promotion— affect consumer autonomy by concealing their commercial nature. The objective is to assess whether these practices can be classified as misleading or abusive advertising under Brazilian consumer law and self-regulatory standards. The research adopts a qualitative approach, including a review of legal doctrine, analysis of relevant legislation, consultation of recent case law, and examination of CONAR guidelines for digital influencers. The findings indicate that, although principles of transparency and clear advertisement identification are established, there is no specific legislation addressing covert advertising, which results in doctrinal debate and regulatory gaps. It is concluded that stealth marketing influences consumer decision-making and requires greater transparency from advertisers and influencers, as well as regulatory updates to reflect the digital environment, partially confirming the initial hypothesis.