Superexposição infantil nas redes sociais e o direito à privacidade e à preservação da imagem : entraves para a proteção dos direitos da criança na era digital

Abstract

This paper analyzes the phenomenon of child overexposure on social media (also known as "sharenting"), a practice that involves the excessive sharing of children's photos, videos, texts, and personal information on social media. Based on this definition and the observation that, in the digital age, the phenomenon of child overexposure on social media is primarily perpetrated by those holding parental authority, the research focuses on how this practice can affect children's rights to privacy and image protection. Through the practice of "sharenting," parents become active subjects of conduct that is sometimes incompatible with the duties arising from parental authority. Therefore, the paper initially provides a historical analysis of the development of children's and adolescents' rights, as well as a detailed study of the provisions pertaining to the right to privacy and image protection of children and adolescents. Subsequently, the nuances of parental authority are addressed. Next, the phenomenon of child overexposure on social media (or "sharenting") is specifically addressed, analyzing its conceptualization, causes, and impact on children's psychological development, aiming to understand the phenomenon in all its dimensions. Finally, the possible violations of the right to privacy and image preservation due to the practice of "sharenting" are analyzed, as well as the legal and doctrinal provisions regarding the possibility of parental liability in such a scenario.