Poder familiar: a superexposição de crianças e adolescentes nas mídias digitais à luz dos direitos personalíssimos

Abstract

This paper aims to understand the limits and legal implications of the overexposure of overexposure of children and adolescents in digital media, considering the conflict between the exercise of family power and the protection of the right to the image and privacy of minors, according to the Brazilian legal system. Specifically, the aim is to present the historical context of family power in Brazil, as well as the duties and Brazil, as well as the duties and limitations arising from its exercise, to examine the Brazilian legislation that regulates the personal rights of children and adolescents, investigate the legal consequences of the overexposure of overexposure of minors on social networks and analyze practical cases to elucidate and visualize the problem. The methodology employed is bibliographical in nature, based on a broad literature review, which includes academic articles, master's theses, specialized theses, specialized doctrine, relevant Brazilian legislation, enunciations, bills, case law and relevant court decisions. The method of analysis is interpretive and the approach is qualitative. The consists of the need to balance the exercise of parental authority parental authority with the protection of children, especially in the contemporary context marked by the rise of technology and, consequently, the high level of digital including minors. Therefore, from a legal perspective, we analyze the phenomenon of oversharenting, which is the excessive sharing of images and information of children by their parents or guardians on digital media. The results that the institute of family power is not unrestricted, given that the very personal rights of children and adolescents occupy a privileged position in the privileged position in the Brazilian legal system, requiring parents and legal responsible exercise of parental authority. With regard to oversharenting, it is possible for parents to be held civilly liable if the conduct of overexposure constitutes an excess in the exercise of parental authority, in a way that violates the personality rights of minors. The conclusion is that analysis of each specific case, it is necessary to weigh up the rights of children and rights of children and adolescents and the parents' freedom of expression.