Os direitos de personalidade na era digital: a responsabilização civil dos pais pela superexposição da imagem de seus filhos nas redes sociais

Abstract

Brazilian Federal Constitution of 1988 brought a significant treatment to children and adolescents, seen as vulnerable individuals. The national law provides a collaboration duty for protection, to fully safeguard this group’s rights. An alliance between Family, society and state, where parents are the holders of this duty with the purpose of ensuring full physical and mental development promoting the progression of their personality of their children. The internet, social networks started to be used all over the world and changing social life, especially among the family. In this context, the practice of oversharenting arises, which defines as exacerbated image sharing, mainly coming from the parents. Thus, through the hypothetical-deductive method and documental research aiming to discuss the possibility of civil liability of parents for children overexposure on social networks, since the principle of children and adolescents’ best interest can be violated. To this end, it was addressed, focusing in the basic meanings of children and adolescents’ law history into Brazilian legal system. Therefore, the principle of the child’s best interest was demonstrated as a guideline for parental authority to guarantee the full development of child and adolescent’s publicity or privacy rights. Finally, this work discourses the phenomenon of “sharenting” and its inferences making an analysis of the possibility of parents’ civil liability for publications of their children's image on social networks excessively.