Hiperexposição comercial de crianças e adolescentes on-line: desafio jurídico do sharenting comercial

Abstract

This paper aims to analyze the phenomenon of commercial sharenting in light of the rights of children and adolescents in the digital context and the development of personality. To this end, the following specific objectives are defined: i) To examine scientific knowledge in order to understand the phenomenon; ii) To investigate the legal framework for the protection of children, especially the constitutional guarantee of personality rights and the doctrine of full protection in the digital sphere, as well as the adaptations made to the principles of protection by the new legislative instruments of digital law; iii) To explore, based on specific cases, the inconsistencies of the practice of commercial sharenting with national and international legal provisions based on the knowledge examined, discussing the main gaps and the viability of possible solutions. Regarding the methodological aspects, this research adopts the deductive method and a qualitative approach, investigating the problem based on bibliographic and documentary sources, national and international academic works (through searches in digital repositories), in addition to doctrinal analyses of the legislation. As a result, it was possible to confirm that the practice of commercial sharenting violates personality rights, especially the right to free development of personality, an element inherent to the condition of the human person. Furthermore, to the extent that it instrumentalizes developing individuals protected by parental authority, commercial sharenting violates the principle of best interests and runs counter to the doctrine of full protection. That said, the results of the research identified possible measures applicable to mitigate these impacts, which, for the most part, point to the need to reformulate the limits on sharing content and personal data of children and adolescents. In addition to directing the government to take more incisive action regarding the internet, the results confront the structure of the platforms to criticize the impossibility of self-management by children and adolescents. Finally, they present perspectives that go beyond the paradigmatic commercial regulation of personal data, such as the reception of the right to be forgotten at the national level.