DIGITAL STATUTE OF CHILDREN AND ADOLESCENTS: REGULATORY AND SUPERVISION CHALLENGES

Abstract

The Digital Statute of Children and Adolescents (ECA Digital) represents an unprecedented regulatory milestone in Brazil by governing the protection of children and adolescents in the virtual environment. The statute emerges as a response to the exponential growth of youth exposure to social networks, electronic games, and digital platforms, where risks such as grooming, sexual exploitation, abusive advertising, and improper data collection are intensified. Grounded in the principle of full and priority protection enshrined in Article 227 of the Federal Constitution, the ECA Digital imposes specific duties on digital platforms, ranging from the design of services with safety mechanisms to the prohibition of profiling practices and targeted advertising to minors. Furthermore, it innovates by providing for the creation of an Independent Administrative Authority, endowed with regulatory and sanctioning powers, ensuring greater normative stability and effectiveness in oversight. By aligning itself with international experiences, such as the European Digital Services Act and the UK’s Age-Appropriate Design Code, the Statute reaffirms the centrality of digital regulation as an instrument for defending the fundamental rights of children and adolescents, projecting Brazil as a protagonist in protective digital governance.