Sharenting as a possible rights violating practice

Português (Brasil)

Authors

  • Tauane Bevilaqua Universidade do Contestado (UNC)
  • Sabrina Favero Universidade do Contestado (UNC)

DOI:

https://doi.org/10.24302/acaddir.v6.4504

Keywords:

sharenting, personality rights, freedom of expression, abuse of right

Abstract

The article deals with the recent phenomenon produced by the digital age called sharenting, understood as the exaggerated exposure of children and adolescents in social networks made by their parents or guardians. In view of the absence of specific legislation on the subject, the investigation starts from elements of constitutional and civil dogmatics, to investigate whether the practice constitutes a violation of rights, such as personality rights, more specifically the rights of image, intimacy and privacy. Although the exercise of freedom of expression allows parents to share their children's experience and development, exaggerated exposure seems to indicate abuse of this right. It is up to parents to exercise family power and freedom of expression so as not to violate the rights of their children, taking into account, above all, that children and adolescents are vulnerable individuals and to whom the Brazilian legal system provides differentiated protection. The research methodology adopted is bibliographical, with a qualitative and theoretical approach, through which, the opinion on the subject will be concluded, after the extensive bibliographic analysis carried out. Using the methodology of bibliographical research, with a qualitative and theoretical approach, through which different opinions were brought up on the subject in question, it was possible to conclude that it is not just any practice of sharing information of children and adolescents on social networks, due to their parents or guardians, which configures the phenomenon of sharenting, but when this practice generates embarrassing situations for infants, affecting the personality rights of these people in development.

Author Biographies

Tauane Bevilaqua, Universidade do Contestado (UNC)

Acadêmica do Curso de Direito da Universidade do Contestado (UNC). Campus Concórdia. Santa Catarina. Brasil.

Sabrina Favero, Universidade do Contestado (UNC)

Doutoranda em Direito. Possui graduação em Direito pela Universidade do Contestado (2004) e Mestrado em Direito pela Universidade do Oeste de Santa Catarina (2016). Atualmente é celetista da Universidade do Contestado e estatutário -Tribunal de Justiça do Estado de Santa Catarina. Concórdia. Santa Catarina. Brasil.

Published

2024-07-04

How to Cite

Bevilaqua, T., & Favero, S. (2024). Sharenting as a possible rights violating practice: Português (Brasil). Academia De Direito, 6, 1252–1273. https://doi.org/10.24302/acaddir.v6.4504

Issue

Section

Artigos