THE RESPONSIBILITY OF LEGAL GUARDIANS AND DIGITAL PLATFORMS IN PROTECTING THE IMAGE AND DIGNITY OF CHILDREN AGAINST UNFAIR EXPOSURE AND THE RISK OF SEXUAL EXPLOITATION ON THE INTERNET

Abstract

This research aims to analyze the protection of fundamental rights and the effectiveness of the Child and Adolescent Statute, regarding the legal consequences of the misuse of the tool known as “Internet”. The methodology was carried out through a qualitative and exploratory approach, using official data from the Ministry of Human Rights and the Ministry of Human Rights and Citizenship and the Brazilian Internet Steering Committee (CGI), in addition to bibliographical references relevant to the subject. Initially, the evolution of pater poder to the family power as we know it today is examined, then the effectiveness of the guarantees provided for in the ECA and the Federal Constitution is analyzed, in addition to the emergence of challenges related to the protection of children and adolescents in the virtual environment. With the advances in technology, problems arise such as the acquisition of new addictions and the practice of the phenomenon "sharenting", a term that refers to the practice of parents excessively sharing photos and videos of their children on the Internet. Although this practice may seem harmless, it can pose serious risks to the privacy, image and dignity of children, especially when the shared content is reused, manipulated or directed towards illicit purposes, as well as to facilitate actions by pedophiles. It is possible to see that, although the legislation represents a significant advance in keeping up with contemporary society and its technological advances, obstacles persist within the core of family power, which hinder the full realization of guaranteed rights. It is concluded that legal guardians and digital platforms have an essential role in protecting the image and dignity of children and adolescents, and must work together to prevent undue exposure and combat the risks of crimes in the virtual environment for this vulnerable audience.