A EXPLORAÇÃO DA IMAGEM DE CRIANÇAS E ADOLESCENTES NAS REDES SOCIAIS: LACUNAS NA LEGISLAÇÃO BRASILEIRA E PROPOSTAS DE APRIMORAMENTO PARA A PROTEÇÃO DOS DIREITOS DA PERSONALIDADE, PATRIMÔNIO E PRIVACIDADE

Abstract

This study critically examines the exploitation of children and adolescents' images on social media, focusing on gaps in Brazilian legislation and proposals to enhance the protection of personality rights, property, and privacy for this vulnerable population. The qualitative research was based on a bibliographical review, document analysis, and case studies, such as the Larissa Manoela case, addressing the phenomenon of oversharenting, the psychosocial impacts of early exposure, and the challenges faced by parents, guardians, and legal representatives in managing minors' careers and assets. The findings revealed that, despite advancements under the Child and Adolescent Statute (ECA), the Civil Code, and the General Data Protection Law (LGPD), significant shortcomings persist in comprehensive protection, particularly due to the absence of effective oversight mechanisms, mandatory trust funds, and specific regulations to curb abusive exposure and mismanagement of assets. The study proposes legislative amendments, new legal instruments, public policies, and the strengthening of roles for the Public Prosecutor's Office, the State, families, and civil society. It concludes that regulatory updates and collaboration among social actors are essential to safeguarding the best interests of children and adolescents in the contemporary digital context.