Sharenthing: uma análise jurídica sobre o compartilhamento excessivo da imagem da criança nas redes sociais e a proteção dada pelo atual ornamento jurídico

Abstract

The present monograph aims to conduct a legal analysis on the excessive sharing of children's image on social networks by their parents and the protection offered by the homeland legislation. For this, the deductive method will be used, in which premises will be built from general affirmative statements of rational thought and, when deduced, reach conclusions, using the premise of the doctrine of integral protection, in which the child is no longer presented as a mere object of law, that is, as property of their parents, but as a subject in a special condition of development that requires specific protection from the State to enforce and guarantee their rights. The research was exploratory, since it was carried out with the intention of providing a broad perspective on the practice of Sharenting. To do so, the transformation that the rights of children and adolescents went through in Brazil until the adoption of the doctrine of Integral Protection was presented, as well as the exposition of the fundamental rights of the child. Subsequently, the practice of Sharenting will be identified in scenarios in which the parent excessively exposes the child's image and data on social networks, where the evident collision between the child's right to image and privacy as opposed to the parent's right to freedom of expression becomes crystal clear. Next, we will discuss the figure of the child digital influencers and the lack of regulation of their work, with the exposition and discussion of three cases that occurred in Brazil of children who had the commercial exploitation of their image by their parents. Finally, the protective measures offered by the Statute of the Child and Adolescent against the practice of Sharenting will be discussed, as well as possible mechanisms that can prevent Sharenting. The conclusion reached by this monograph is that parents are unaware of their offspring's rights, as well as of the dangers to which they expose their children when their image and information are overexposed.