O fenômeno do (over)sharenting: a superexposição infantil das crianças e adolescentes nas redes sociais versus o (des)respeito aos seus direitos e à sua proteção integral

Abstract

The constant evolution of the technological means of information and communication caused changes in the dynamics of social relations, so that family issues transcended to the virtual environment. In this context, the problem of (over)sharing arises, which consists of the habit of parents or legal guardians to share in an exacerbated way the private lives of their children on social networks. At first, this monograph sought to analyze the evolution of the special protection system for children and youth, aiming to understand the current protective framework aimed at these developing subjects. Through the doctrine of full protection, the principle of the best interest of the minor and the exercise of parental authority in a responsible manner, the formation of an environment conducive to the construction of the identity and autonomy of minors is guaranteed, so that they can lead their adult life in a dignified way. However, this construction is weakened by (over)sharing, since this practice has the power to insert children and adolescents in vulnerable situations, which can lead to violation of their personal data and personality rights. Therefore, the research sought to demonstrate, through a legislative analysis and bibliographical review, of Family Law doctrines, articles and websites of the main media channels of information, that the freedom of expression of the parents must be functionalized in the best interest of the minor, valuing itself for its integral protection in the present in order to safeguard its interests and fundamental rights in the future. With this, it was concluded that the overexposure of minors on social networks reveals a breach of parental responsibility and of the State itself, since it is incompatible with the power-duty provided for in the Federal Constitution and other infraconstitutional legislation that protect children and adolescents