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“LAS POLÍTICAS DE ESTADO Y SU TRASCENDENCIA JURÍDICO PENAL EN LA PREVENCIÓN DE DELITOS COMETIDOS EN

COMETIDOS EN COMUNIDADES NATIVAS AL AMPARO DEL DERECHO CONSUETUDINARIO.

The neuroscience exists for many years. Often it has been misunder- stood and sometimes even mistaken with some practices. Its principles are tested in business through its abilities to influence the decision of consu- mers, decision which can be influenced anyway more or less by external or internal factors present at the level of each human activity.

The appearance of this technique started many controversies. The skeptics think that this is a way to manipulate consumers, while others think that neurosciences are fascinating.

Invented at Harvard in the mid ’90s by Professor Gerry Zaltman the neuromarketing is a combination between two sciences, neurology and marketing, through which the instruments used by the first one initially only for medical interest, are now being used in advertising purposes. The neuromarketing appeals to the technology of transmitting images through magnetic resonance – MRI, technology used to detect brain tumors, but which allows reading the way the brain receives, processes and interprets various images presented to it.

The term neuromarketing designates using the identification techni- ques of the brain mechanisms to understand the consumers’ behavior, in order to optimize the marketing strategies. Answers at the eyes’ (in ECT) or the brain’s level (especially through EEG and fMRI) are being monitored to determine the way the consumer perceives, evaluates and reacts to the stimulant represented by an advertising message, a product or a service.

This way one can find out how the human brain responds to a very advertising message, and marketing personnel can their facts their options to popularize a brand. The impact of the message on the brain represents in fact the key to open a Pandora’s Box. The accomplishment of this mecha- nism can lead to increasing sales and most of all to creating a new perspective and orientation at a sales developing level. This can be done with the help of some consumers’ representatives who will be presented some images while they are introduced in a machine and subjected to some radio magnetic fluxes.

The fragmentation of mass communication can become a force which added can create an overwhelming impact and can determine just the same fragmentation of the way consumers react. Implicitly, great corporations look for means as precise as possible to target the advertising message.

Advertising is not lights in the old days – you take a products and state is the best on the market and then determine the individuals by different means to acquire it. Now you must know your target audience, carefully studying his behavior, but most of all interact with the necessities of the client, determining him to “choose” you. But the way can now best the consumer, that people whom a product or service addresses to, is that of going straight to the source, more accurate... to the brain. That’s the way one can find out in a relatively short time the behavior of the buyers, their desire to acquire unique products, and the advertising campaign can be changed on the way to have a more certain and overwhelming impact on those who determine the survival on the market.

The desire for affirmation but also the need significantly determined to conquer a certain target audience, led to the appearance of strategies and the advertising companies’ level which have started to invest massively in brain studies, studies which have led without intention to the innovating concept of neuromarketing.

The neuromarketing tries to find new breaches on the market, tries to understand and obviously to influence the consumer, tries to develop managerial strategies which can influence the great mass of those who significantly determined can reduce the major impact of the losses at an emotional level. Those who try to find interdependency between the consumer and his emotional development are based now on many recently

developed procedures: imaging with magnetic resonance, from which result all kinds of images with brain reactions to different stimuli.

In the figure presented below are presented the main techniques used in neuromarketing which follow either the activity in the profound structures of the brain (fMRI and PET), or in the surface ones (EEG and MEG). These techniques can resemble open windows to the interior of the brain, which allow registering to modification of its functioning during the interaction of the consumer with the tested product. The obtained information allow choosing even more efficiently the need for a product, the type of advertising message, the form it is transmitted in, the conceited to elements of the products or packaging, the delimitation of the price categories used etc.

For now some methods are less accessible, taking into account costs but also of obligating the subjects to find themselves in an environment very different from the usual one, environment which can lead to the detaching of an emotional collapse and the failure of the used technique (especially PET and fRMI).

That is why they will probably be used especially for the fundament of some studies, to detect some stimuli, based on which the obtained results can be interpreted better, for example, by associating the EEG with the ECT.

Following the direction of the book (ECT) – 1990

The direction of the look is registered and the areas it focuses on our

indicated.

Functional magnetic resonance images (fMRI) – 1990

Identifying the activity of the brain simultaneously in several regions.

Tomography with anti electrons emission (PET) – 1970

The intensity of the metabolism and the outflow of the blood in the brain.

Axial computerized tomography(CAT/CT) – 1970

This technique generates images of the body organs.

Magneto-head x-ray (MEG) – 1960

During this procedure that is recorded the activity and the inhibition of neuron cells in the brain.

Electro- head x-ray (EEG) – 1920

This procedure shows that during different activities modifications of the electrical potential of the brain are registered and the time needed to process a stimulus can be measured.

The need to be sold and the need to be known makes each products try to interact with the consumer. The product is the one who opens the window towards the inside of the human brain with the help of the need but also the desire to acquire it. There, at a neuronal level one can observe a modification of the functional activity during the interaction between the consumer and different types of products. Choosing these techniques only enhances the efficiency of the sales and the actual message becomes a collective hypnosis. The actual connectivity is the one who should have been effectively determined and stimulated to acquire but also to choose more or less strategic pivot products. Up until now the marketing solutions were limited to interact methods of reading our thoughts and feelings. These noticed how and how much we bought according to the increase or decrease of prices. An absolutely necessary pivot in marketing develop- ment in general is poll approach. But they aren’t always exact; first of all, because the people don’t always say what they think or do. That is why traditional researches are much more intuitive and lack perspective. Then the fidelity cards were invented. But not even this method could attain a complete and relevant image, Because not every consumer accepts to be in a database in exchange for some very low discounts.

Even from the first appearances on the market of the neuromarketing concept one could observe that the consumer identified himself with the image of the products and he was more and more tented to say that the product is exactly like him. The studies performed show that the engine of the commerce is represented actually by the conclusions reached in the interactions between neurology and marketing, meaning the association between the self image and the individual knowledge of each of us.

“Even from the first attempts of Professor Gerry Zeltman from Harvard University performed in the ’90s, the neuromarketing attracted the attention of the great companies and found itself a lot of applications. Following the model first met in genetic engineering and pharmaceutical research there is a very close collaboration between the great investors and university laboratories involved in this kind of research.”2 Here are some of the main developing fields: