LAW 15.211/25 (DIGITAL ECA) AND LEGAL PRACTICE BASED ON THE STATUTE OF THE CHILD AND ADOLESCENT
DOI:
https://doi.org/10.51891/rease.v12i5.27008Keywords:
Digital ECA. Comprehensive Protection. ECA. Liability. Digital Platforms.Abstract
With digital evolution, the Statute of Children and Adolescents (Law No. 8.069/1990), although fundamental, has begun to present practical limitations in the face of contemporary threats in the virtual environment, whose lack of specific regulation has exposed children and adolescents to significant risks. In this scenario, the Digital Statute of Children and Adolescents (Law No. 15.211/2025) emerges as a regulatory framework to fill these normative gaps. Therefore, this study questions how the new legislation innovates and strengthens the comprehensive protection already provided for in the ECA in the face of the threats of the virtual age. The objective is to analyze how Law No. 15.211/2025 and its legal action complement traditional guarantees in the digital environment. To this end, an analysis of the advances introduced by the legislation is developed, followed by a comparative examination with the ECA in light of the principles of absolute priority and comprehensive protection, in addition to discussing the role of the Judiciary in overseeing these norms. Methodologically, a qualitative, descriptive-exploratory approach is adopted, using the deductive method through bibliographic and documentary review of legislation. As a result, it was found that the gaps in the ECA (Brazilian Statute for Children and Adolescents) in the virtual ecosystem were filled by the new regulations, establishing clear parameters of security and civil liability for technological platforms, imposing more rigorous obligations on them. It is concluded that Law No. 15.211/2025 represents a significant normative advance, being essential to ensure the effectiveness of the fundamental rights of children and adolescents on the internet, consolidating the harmony between traditional legal protection and the demands of the digital age.
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Atribuição CC BY