Abandono digital: a responsabilidade parental diante dos perigos das redes sociais à luz da LGPD e do marco civil da internet para a proteção integral da criança e do adolescente

Abstract

From the naturalization of the use of social media by children and teenagers raises a question. What determines parental responsibility in the scope of civil and constitutional responsibility, in front of parents’ negligence as to the use of social media by their minor children? To that end, we outlined specific objectives to exemplify the dangers related to social media, to point the need for constant enforceability of the principle of full protection of children and teenagers, supported by the provisions of the Civil Rights Framework for Internet Use and General Law of Data Protection (GLDP), to present the occurrences and consequences of digital abandonment of minors and to relate such digital abandonment to civil and constitutional responsibility, especially of parents, but also of civil society and the State. The ultimate purpose is to display how digital abandonment entails parents’ civil and constitutional responsibility based on principles related to the full protection of children and teenagers. We used the Hypothetico-deductive methodology and the employment of documents for applied research through legislation and doctrine assessment of the Brazilian legal system. The results made clear that, depending on how they are used, social media are useful tools to the wholesome development of the minor’s personality and citizenship, it being a collective duty, but especially a parents’ duty, the instruction for their safe use, which leads us to conclude that, facing the negligence of their parental duties, parents may be civilly sanctioned if they carry out the illicit act of digital abandonment of minors.