QUE DARDOS OS DADOS TRAZEM HOJE?” MERCANTILIZAÇÃO DA INFÂNCIA E PUBLICIDADE

Abstract

This monograph examined the use of private contractual instruments to license and exploit user-generated content (UGC) featuring children on digital platforms, especially social networks. It contextualized UGC as an “authentic”, low-cost input for advertising and audiovisual markets and noted the rise of child creators alongside a worrying normative gap: although Brazilian law provides mechanisms to protect child artistic work in traditional media, extensive online application remains incipient and judicial work permits are frequently ignored. It also considered early digital exposure and its psychosocial risks. The research problem was stated as follows: to what extent can the contractual monetization of child-generated content on social networks - through authorization and license forms signed by guardians - violate or strain a child’s fundamental rights; to what extent does turning children into digital content creators by private contracts offend guarantees designed to protect the most vulnerable in this contractual and advertising relationship. To address this problem, the study (i) conceptualized child UGC; (ii) legally contextualized the exploitation of UGC in today’s digital market under Brazilian law in dialogue with international guidelines; and (iii) identified legal tensions through a documentary analysis of two real contracts used to license content generated (or featuring) children. Methodologically, it was applied, qualitative research, using bibliographic and documentary methods, analysis of legislation and a broad literature review, complemented by the examination of two legitimate contracts currently used by companies. These instruments were confronted with the child-protection legal framework, without pre-judgment; the aim was to map and problematize clauses. The study did not propose new regulatory measures; it critically examined the phenomenon within existing norms, extracting protection parameters and gaps. The theoretical-legal path to the practical example resulted in the finding that the purchase and licensing of child UGC, in the instruments analyzed, operated with generic and irrevocable authorization, single and residual remuneration, data use without safeguards, and forum/arbitration clauses of low accessibility - a set misaligned with the child’s best interests and the benchmarks of the ECA/Child Statute, LGPD/Data Protection Act, and Consumer Code.