THE CONSTITUTIONALIZATION OF CHILDREN'S RIGHTS IN THE INFORMATION SOCIETY: CHALLENGES TO PARENTAL AUTONOMY AND THE DUTIES OF THE STATE

Abstract

To begin this analysis, it is essential to understand the context of constitutional and legal protection of children's rights in Brazil, based on Article 227 of the 1988 Federal Constitution and the Child and Adolescent Statute (Law No. 8,069/1990), which consolidate the absolute priority of children and adolescents. These legal instruments incorporate international treaties, such as the Convention on the Rights of the Child, and redefine the foundations of parental responsibility and the State's duty to ensure comprehensive protection, including in the digital environment and new information technologies. Now that we have established the origin and objectives of this article, it is worth discussing how these provisions have been altering the exercise of parental autonomy, the protection of children in the information society, and the State's role, especially in the face of technological challenges and unrestricted access to online information. We will focus on three main aspects: Parental autonomy and limits in the digital society – an analysis of how parents' right to decide on their children's education, health, and digital exposure encounters limits when compared to the comprehensive protection of children, as provided for in Article 227 of the Brazilian Constitution. 227 of the Federal Constitution and articles 16 and 17 of the ECA (State and Private Legislative Assembly); Safe access to information and digital inclusion – duties of the State and private institutions to ensure safe digital environments, digital education, and protection against harmful content, promoting inclusion and active participation of children; Responsibility of the State and third parties for rights violations – application of articles 4 and 5 of the ECA and the Federal Constitution to hold public or private agents accountable for failing to comply with protection standards, resulting in corrective, educational, or compensatory measures. Finally, we will clearly and objectively present the impacts of these provisions on the daily lives of children and adolescents, inviting the reader to put themselves in the shoes of both rights holders and legal practitioners in order to understand the challenges, opportunities, and pressures emerging in this new legal and technological context.