Direitos da personalidade, melhor interesse e consentimento da criança e do adolescente no meio digital sob a ótica da legislação brasileira

Abstract

Technological advances in all areas of human knowledge, primarily developed in the last two decades of the 21st century, have brought about profound changes in societies in general, with special interest in the field of computer science. The new technologies have created interconnected societies through the so-called social networks, making the universe a unique and increasingly interconnected space. This reality has brought important mechanisms in social sharing environments, but at the same time, it has caused problems related to the overexposure of individuals associated with the internet world, especially when it comes to children and adolescents. Considering this scenario, the study presented here sought to evaluate the protection of the personality rights of children and adolescents in the digital environment, in light of the Brazilian legal system, which regulates their rights in the virtual reality. It was a descriptive, qualitative, and investigative study, based on existing theoretical subjects on this topic carried out in specialized bibliographies. The results revealed that Brazilian legislation has been gradually adapting to the challenges and demands regarding the protection of minors' personal rights, given the realities that arise. The Federal Constitution of 1988, the Child and Adolescent Statute of 1990, the Civil Code of 2002, the General Data Protection Law of 2018, and Constitutional Amendment No. 115, constituted relevant legal frameworks for addressing various cases involving exposure and sharing of images, personal information, profiles of minors on social networks, highlighting actions such as the best interest of the child, the principle of dignity and privacy, the responsibility of parents and/or guardians, the role of the state, and the institute of consent to personality rights. However, it was observed that even with the advances in legislation, there are still legal gaps due to the lack of specificity and enforcement of the norms already established in the codes, possibly because the State is legislating in this new environment, the digital society, the internet and its communication networks, which are characterized by the rapid spread of information.