Entre a autoridade parental e o direito à imagem da criança e do adolescente: a dualidade do (over)sharenting e a possível responsabilização civil dos genitores

Abstract

With the advent of internet and the expansion of digital world, social media has become a central element in human existence. Through this network of interactions, it is possible to share everyday events with thousands of people quickly and uncontrollably. The family, the oldest social institution through which all others are governed, has not escaped being affected by the technological revolution, during which (over)sharenting emerged, a practice that consists of the excessive sharing of images and information about children by parents in the digital age. This constant and excessive exposure may end up violating children’s personal rights, especially the right to image. Using a deductive approach, exploring bibliographic research, analyzing scientific articles, specialized journals, and books, as well as legal texts, this study aims to investigate the phenomenon of (over)sharenting based on the (co)existence of fundamental rights and prerogatives related to parents and minor children within the family relationship. To this end, the research discusses the protection of children and teenagers in Brazilian law, as well as the safeguarding of their right to image, analyzing the role of the family, its changes over time, and the limits imposed on parental authority, which involve full protection and the best interests of the child. From these concepts, (over)sharenting and the rights it involves were analyzed, verifying the conflict of interests arising from the (co)existence of rights inherent to both parents and juvenile. It was possible to understand that, in such cases, weighing rights is appropriate as a form of resolution, and considering the supremacy of full protection and the best interests of children and adolescents in Brazilian law, it is up to parents, in the exercise of their parental authority, to ensure their protection, under the risk of being held civilly liable.