Publicidade direcionada e o uso de dados de crianças: responsabilidade civil das plataformas digitais sob a ótica da proteção integral

Abstract

This study focuses on the civil liability of digital platforms for targeted advertising aimed at children in Brazil. The research problem addresses how to hold digital platforms civilly responsible for directing advertising to children, considering their vulnerability, the risks of advertising, and the improper use of their personal data. The main objective is to analyze the civil liability of digital platforms for child-directed advertising in light of the principle of comprehensive protection. The specific objectives are: i) to examine the concept of comprehensive protection and its application in the digital environment; ii) to investigate how platforms handle children’s data for advertising purposes; and iii) to analyze the platforms’ liability under Brazilian law. The study is justified by the need to expand the discussion on child protection in the context of new digital consumption dynamics and the active role platforms play in data collection and usage. The methodology is qualitative, with an exploratory, descriptive, and deductive approach, based on bibliographic and documental review, including doctrines, legislation, jurisprudence, and empirical data such as the TIC Kids Online Brazil survey. It was found that digital platforms, by using algorithms to personalize ads based on children’s interactions, violate their fundamental rights. Although laws such as the LGPD, the ECA, and the Federal Constitution provide for comprehensive protection, there are still gaps in the effective accountability of these agents. The study concludes that it is urgent to recognize the shared responsibility of platforms and demand greater transparency and ethical conduct from them, through joint action by the State, civil society, and legal guardians, ensuring a safer and more inclusive digital environment for children.