Oversharenting: responsabilidade civil dos pais à luz da jurisprudência brasileira

Abstract

This scientific work addresses the phenomenon of oversharenting in Brazil, focusing on the exposure of minors on social networks. Research has identified that separated parents, relatives and other family members play a significant role in this behavior. The exposure of children and adolescents on social networks has raised concerns, as it can negatively affect their privacy, image, name and honor. The analysis revealed that oversharenting is more common in situations of parental separation, family conflicts or legal disputes related to child custody. It was observed that many involved in oversharenting act without considering the emotional consequences that this exposure may have on minors. The lack of discernment regarding the limits of privacy and the inappropriate use of social networks contribute to the dissemination of sensitive information, harming the well-being of those involved. Given these findings, it is essential to promote awareness and education about the risks of oversharenting, especially among separated parents, relatives and other family members. Legal measures and public policies must be implemented to protect the rights of children and adolescents, establishing clear guidelines on the responsible use of social networks and the preservation of minors' privacy. The cases analyzed revealed a profile of actions related to oversharenting, which consists of excessive and unauthorized exposure of the intimacy and image of minors on social networks. This can result in moral damages, violation of privacy, damage to image and honor, in addition to causing suffering for victims and their families. The civil liability of parents in cases of oversharenting is still under development in Brazilian jurisprudence. However, the courts have recognized the importance of preserving the privacy and image of the victims, adopting measures such as the immediate deletion of images, prohibition of new disclosures and ordering the payment of compensation for moral damages. Although there is no settled case law on the ability of children to initiate legal actions in this context, it is advisable to seek advice from a lawyer specializing in family law and civil liability.