SHARING: PARENTAL RESPONSIBILITY FOR CHILDREN'S DIGITAL OVEREXPOSURE AND GUARANTEEING THE FULL PROTECTION OF CHILDREN'S RIGHTS

Abstract

This study examines the phenomenon of sharenting from the perspective of the digital overexposure of children and adolescents, in light of the Brazilian legal system, the theory of personality rights, and the recent legislative innovations introduced by Law No. 15.211/2025, known as the Digital ECA (Statute of the Child and Adolescent). The repeated practice of sharing images, data, and personal information of minors by their parents, even when motivated by affective aspects, raises significant legal implications, especially regarding the possible violation of fundamental rights to privacy, image, intimacy, informational self-determination, and human dignity. The central objective is to analyze the civil liability of parents as a result of excessive exposure in the digital environment, as well as to assess the normative sufficiency of the Statute of the Child and Adolescent, the General Data Protection Law, and Law No. 15.211/2025 in protecting childhood and adolescence in the digital context. This study adopts a qualitative methodology, of a bibliographic and documentary nature, with a critical examination of civil-constitutional doctrine, current legislation, and relevant jurisprudential understandings. Regulatory gaps were found, particularly regarding non-commercial sharenting, which hinders the effective application of sanctioning and preventive mechanisms. It concludes that digital overexposure constitutes a potential instance of civil wrongdoing, giving rise to the duty to compensate, including in the form of inherent moral damages, requiring a reinterpretation of the limits of parental authority in light of the principle of the best interests of the child, comprehensive protection, and the protective guidelines established by the Digital Statute of the Child and Adolescent (ECA Digital).