A responsabilização civil dos pais na prática do sharenting: uma análise de direito comparado

Abstract

This dissertation examines the phenomenon of sharenting, understood as the repeated exposure of children and adolescents in digital environments by their own parents or guardians, from the perspective of personality rights and civil liability. The research proves necessary in light of the increasing virtualization of childhood and the apparent lack of robust regulation on the subject within the Brazilian legal system, which highlights the need to establish legal limits on the exercise of parental authority in the complex contemporary context of digital platforms. The general objective of this study is to investigate the legal contours of sharenting and its compatibility with, as well as potential conflicts involving, the personality rights of children and adolescents, drawing on comparative law, particularly the French experience, as a reference framework. The central hypothesis is that sharenting, when carried out excessively, repeatedly, or for economic purposes, may constitute a violation of children’s and adolescents’ personality rights and give rise to the civil liability of parents. A qualitative methodology was adopted, focusing on theoretical-doctrinal and normative research, grounded in a systematic and teleological analysis of the legal system, in light of the principles of human dignity, the best interests of the child and adolescent, and the doctrine of full protection. The study concludes that Brazilian civil law provides sufficient normative grounds to recognize parental civil liability in cases where the digital sharing of data and images exceeds the limits of the duty of care and protection, thereby reaffirming the centrality of the dignity of children and adolescents in the shaping of parenthood within the digital environment