A Prática do oversharenting e a violação dos direitos da personalidade do menor

Abstract

This monograph aims to present the current phenomenon "Oversharenting" and its consequences for contemporary society, discussing the possible violations of the phenomenon to the personality rights of children and teenagers exposed to the practice, in addition to discussing the collision between the right to freedom expression of the parents and the personality rights of the minor, under the context of the “Oversharenting” phenomenon. To do so, the historical context of children and teenagers as subjects of rights for the Brazilian legal system is initially carried out, and then, the personality rights to be related to the phenomenon are discussed, in particular the right to image, to privacy and to intimacy. Next, a jurisprudential, doctrinal and legislative study is carried out on the “Oversharenting” phenomenon and its possible violation of the minor’s personality rights, as well as on the collision between the parents’ right to freedom of expression and image rights, to the privacy and intimacy of children and teenagers. In this bias, the study seeks to contribute to the analysis and research regarding this phenomenon, which is so recent and common, but which may be capable of bringing negative consequences to the childhood and adult life of children and teenagers exposed to the practice.