Influenciador digital mirim: trabalho infantil artístico nas redes sociais e a efetivação do Princípio da proteção integral

Abstract

This paper aims to analyze mechanisms for protecting the rights of children and adolescents in the face of artistic child labor on social networks, particularly the professional activities of Child Digital Influencers. The main objective was to examine how the Judiciary, Public Prosecution Service, and Legislative Branch can work towards the realization of the Principle of Integral Protection in this scenario. Initially, the intention was to address situations of civil liability of parents and guardians, but the conclusion was reached by characterizing it as child labor. The historical and normative evolution of the prohibition of child labor was discussed in the national and international context, and the artistic child labor situation in Brazil was contextualized. Differences between artistic expression and labor were explored, as well as social perceptions regarding this type of activity. In the second chapter, the profession of a digital influencer was delved into, and parameters were sought to identify minors engaged in this occupation. In the third chapter, an analysis was conducted on how the Judiciary, Public Prosecution Service, and Legislative Branch can act to ensure the rights of children involved in artistic child labor online. In this process, doctrinal, jurisprudential, and comparative legal research were carried out. The conclusion reached was that the available normative instruments need to be better interpreted by the Judiciary; that the jurisdiction to judge the possibility of artistic child labor on social networks should fall within the scope of Labor Courts; that the Public Prosecution Service should act in a preventive and repressive manner, and that there is a need for specific regulation of the professional activities of minors by the Legislative Branch.