Crianças no ambiente digital: riscos, oportunidades e repressão a ilícitos do mercado de atenção

Abstract

This research focuses on the risks associated with the main internet services accessed by Brazilian children, with an in-depth analysis of the technological and legal frameworks established through the terms of use and various policies of applications such as YouTube, TikTok, X, and Instagram. The study aims to demonstrate the applicability of Brazilian law in regulating the activities of companies that operate these services and to discuss strategies for the Justice System to increase the effectiveness of protective norms in light of omissions in fulfilling the duties prescribed by law and their own adhesion contracts. Through a bibliographic review and documentary research, the study addresses fundamental issues regarding the applicability of children's rights to legal situations involving the digital environment. It highlights code regulation, the attention economy, and the typology of risks, divided into the categories of content, conduct, contact, and contract. Furthermore, by also exploring international regulatory frameworks, the research suggests ways for the Justice System to tackle issues such as the inducement to consume alcoholic beverages, the promotion of smoking products among peers, the grooming of children by adults for sexual purposes, and the exploitation of children's artistic talents. It proposes that contractual provisions, called Terms of Service, Policies, or Community Guidelines, often used to justify the suppression of legitimate discourse in favor of business interests, can serve as a guide for the Justice System. This system, in its fundamental mission in democracies, should correct the conduct of individuals, companies, or institutions that do not observe the duty to respect fundamental rights.