Sharenting e os direitos da criança: limites do poder parental nas redes sociais

Abstract

As a result of the expansion of the digital world, a new way of perceiving reality has been experienced by the families, as the virtual started to influence the everyday life. In this context, the practice of sharenting has been spread, being common for parents to share their children’s everyday life in social media. This constant overexposure can violate the personality rights of the child. The present study has as the objective of the risk analysis within sharenting and other implications. In order to achieve that, this research elucidates the changes in the family law and in the concept of patrio poder that resonates with the principles of parens patriae and best interest of the child, as well as the limit of the modern parental authority within social media. At last, there is an analysis of real cases about the practice of sharenting, with or without commercial interest, that have emerged the debate about the violation of the rights of children and teens. It was understood that the rights guaranteed to the children and the principles that guide the integral protection are the limits to the parental authority in social media. Therefore, it is necessary to have moderation and balance between the interests of the parents and kids, in harmony with the principles that guide the integral protection of the child, that deserves a higher care of their rights, that cannot be neglected within practices like the sharenting.