Os desafios da proteção integral da criança e do adolescente frente às propagandas no ambiente digital

Abstract

Analyzing the historical evolution of the legal recognition of childhood in Brazil, it is evident that the treatment of children during the colonial period was marked by the absence of specific rights, with minors being regarded as "miniature adults." Over time, legal milestones were established, such as the Minor's Code (1927), which, for the first time, introduced a perspective of attention toward the child, though it was highly criticized. Ultimately, the 1988 Federal Constitution and the Statute of the Child and Adolescent (1990) consolidated the Doctrine of Integral Protection, elevating children to the status of rights holders and expanding the subjective dimension of the law. In the present day, with technological advancements, the digital environment increasingly permeates daily life, particularly that of children. This has given rise to new situations that require analysis and attention from legal professionals, highlighting the need to discuss the effectiveness of supervision and regulation of advertisements targeting children on the internet. The exposure of minors to abusive advertising practices, such as unboxing and the influence of young YouTubers, is a matter of concern, as it exploits children's cognitive vulnerability and hypervulnerability to consumerism. Finally, it is observed that, although the Consumer Protection Code and resolutions such as CONANDA's Resolution 163/2014 prohibit such practices, the regulation lacks the necessary clarity to confront marketing strategies disguised as entertainment content. It is concluded that there is a need to establish clear criteria for advertising directed at children, balancing economic freedom with integral protection, while considering the risks of imposing absolute restrictions, which could negatively impact the production of children's content.