Embalagem generificada de brinquedos infantis e naturalização de papéis: análise a partir de uma perspectiva de (des)igualdade de gênero

• Ano de defesa: 2021
• Autor(a) principal: Seixas, Priscila Nunes
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Ciências Jurídicas; Programa de Pós-Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: Brinquedo infantil; Publicidade infantil; CONANDA; Gênero; Naturalização; Children's toy; Children's advertising; Gender; Naturalization; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/26405

This thesis aims to analyze the correlation between the packaging of industrialized children's toys and the naturalization of gender roles, with an emphasis on inciting gender inequality and discrimination. It starts from the premise that the gendering of these packages offends constitutional principles and values, especially gender equality and the doctrine of full protection for children and adolescents. Thus, it is inferred that it constitutes illicit child advertising due to abusiveness, because it takes advantage of the child's lack of judgment and inexperience to incite gender inequality. In this regard, three complementary fronts are approached: theoretical, normative and empirical. The theoretical contribution emerges with the distinction between biological sex, sexual orientation and gender identity, culminating in an authorial infographic version. Furthermore, it is based on the analytical category “gender” defined by Saffioti, Scott, Okin and Butler. Such theorization reverberates to the concept of naturalization of roles, which hinders the effectiveness of material gender equality. In turn, the normative fulcrum is erected around Resolution n. 163/2014 of the National Council for the Rights of Children and Adolescents (CONANDA). This document is based on the assumption of child biopsychosocial vulnerability to advertising. Thus, it prohibits directing marketing communication to children and establishes principles in favor of adolescence, when it is diligent in combating gender inequality and discrimination. It is understood that the aforementioned normative act of the Federal Executive Branch systematizes the legal order of the country, with emphasis on the Federal Constitution, the Statute of the Child and Adolescent and the Code of Consumer Protection. The material validity of this normative act was also scrutinized by the employment of case law research technique attached to the scope of the Superior Court of Justice. In this domain, the indirect material validity of that resolution can be inferred; or, at least, its direct invalidation is ruled out. In addition, the empirical stage, with a cross-sectional and qualitative approach, assessed the perception of a group of interviewees about gender typicality in playing, as well as about the correlation between children's toy packaging and the naturalization of gender roles. The data collection instrument included a sociodemographic characterization form and a structured interview script. The interview script was validated according to Pasquali's theoretical-methodological Model, which focuses on semantic and construct criteria, and also observed the Fehring Model regarding the selection of suitable expertise to proceed with the validation. The analysis of the data from the empirical research was accomplished through Bardin's method of content analysis, namely the categorical technique, the thematic criterion and priori and emerging categorizations. About the findings of the empirical stage, there is a persistence of discourses in circulation in society about atypical gender play which need to be revisited and rethought. In addition, it has corroborated the metaphorical theory that advertising can function as “fence”, “bridge” or “crack” for gender equality, depending on the type of marketing adopted.