O Direito à Imagem e o Direito à Privacidade das crianças e dos adolescentes influencers na era do sharenting: limites a autoridade parental

Abstract

This bachelor deals with the personality rights of underage influencers in the era of sharenting, since the Statute of Children and Adolescents states that children and adolescents are beings subject to rights, but the Civil Code states that they are incapable, and are therefore subject to parental authority, guaranteed by the Federal Constitution of 1988. The starting point is the analysis of the concepts of Personality Rights, focusing on the right to Image and Privacy, the Civil Code and the Statute of Children and Adolescents. Furthermore, the meaning of the term “Subject of Rights” will be analyzed to refer to the group of those considered incapable by the Civil Code, and its implications. It will also be necessary to explain the Institute of Family Authority, combined with the phenomenon of sharenting, since the Brazilian Legal System has remained focused on how children should be raised, and on the legal nature of their exposure on social networks. The research methodology was carried out through bibliographical and jurisprudential analysis on the issue addressed. Thus, it is possible to conclude that the true holders of the personal rights of young influencers are their guardians, a fact that is contrary to what is stated in the Statute of Children and Adolescents, which places them as being Subjects of Rights.