Law, Tourism Law, Labor Law, Health Law, Tax Law, among others. In this way, it becomes feasible to clarify both the theoretical bases and the legal framework that guide gastronomic activity and its actors. Consequently, Gastronomic Law offers normative protection that ensures intellectual property, the continuity of gastronomic activity in general, free enterprise for the production, distribution, and commercialization of food, and, more incisively, the effectiveness of various human rights, fundamental rights, and personality rights of both individual and collective nature. To this end, some guiding principles of this fundamental discipline may be highlighted, though not exhaustively addressed here. We begin with the principles of precaution (unknown risk) and prevention (known risk), as they allow for the effective protection of public health through sanitary controls throughout the global food chain. Therefore, they constitute foundational and non-negotiable elements of human dignity. The European model of food regulation, consolidated after sanitary crises, establishes excellent levels for risk analysis, as does the Brazilian model, in accordance with Law No. 11.346/2006, which creates the National Food and Nutrition Security System and enshrines the human right to adequate food.95 Equally important for Gastronomic Law are the principles of territoriality and authenticity, since food practices linked to specific territories generate distinctive legal claims, based on the concept of terroir (the set of natural and human factors that characterize a given product or food) and the relationship with traditional know-how, which guarantee the so-called geographical indications (GIs), including the prevention of fraud.96 The principles of cultural safeguarding and transmission respect culinary practices as intangible heritage and cultural identity that must be preserved and transmitted in honor of intergenerational equity, without prejudice to adaptations and evolutions, with the aim of maximizing the effectiveness of cultural fundamental goods, in accordance with constitutional legality and UNESCO Conventions.97 To ensure the scope of application of Gastronomic Law, the principle of pluralism also gains importance, recognizing the numerous other disciplines that 95 LOPEZ, Teresa Ancona. Segurança Alimentar: riscos e exigências. Revista de Direito Civil Contemporâneo, v. 11. Revista dos Tribunais, 2017, p. 33 – 54. 96 Wirth, D. (2016). Geographical indications, food safety, and sustainability: conflicts and synergies. Bio-Based and Applied Economics, 5(2), 135–151. https://doi.org/10.13128/BAE-17155. Accessed on 18 Jan. 2026. 97 SANTANA, Patrícia da Costa. Patrimônio cultural e meio ambiente: um novo direito. A necessária separação dogmática. Revista dos Tribunais. v. 924. São Paulo: Revista dos Tribunais, 2012, p. 41-75. 89 ‘STOMACH RULES’ AND CONSUMER PROMOTION
RkJQdWJsaXNoZXIy MTE4NzM5Nw==