Influenciadores mirins: análise, à luz da doutrina da proteção integral, da configuração de trabalho infantil artístico na produção de conteúdo digital por crianças e adolescentes

Abstract

Faced with the growing participation of children and adolescents in the virtual environment, with emphasis on social networks and video platforms, the present work had the general objective of investigating the legal nature of the production of digital content developed by kid influencers and youtubers, in order to identify the characterization of child labor or mere artistic manifestation, considering the norms and principles that govern the social relations composed by this social group, which integrate the Doctrine of Integral Protection. For this, a review of the national bibliography in the fields of children's and labor rights was used. From the analyses, it was concluded that such activity does constitute artistic child labor, as long as the requirements of habituality, economic benefit and subordination are present, the current legal system, however, being insufficient to fully protect this social group. Therefore, we sought to point out measures capable of mitigating possible harm to children and adolescents, in order to guarantee their best interests as subjects of rights.