A prática do Oversharenting e a violação aos direitos da personalidade da criança e do adolescente: uma análise acerca da (im)possibilidade de responsabilização no âmbito civil

Abstract

This paper examined the possibility of civil liability for parents or guardians regarding the practice of Oversharing, in light of the harm caused to the personality rights of children and adolescents. Motivated by this scenario, the study objectively analyzed whether, in view of the damages already identified, individuals affected by overexposure could seek civil liability from those responsible for this practice. The methodology used for the research was based on exploratory, descriptive, and deductive methods, strongly supported by literature review, legislation, case law, relevant regulations, and news on the topic, as well as scientific articles, dissertations, and theses in the field of law. Thus, it was possible to address the transition of this group from mere objects of judicial measures to holders of legally protected rights. The importance given by Brazilian law to personality rights, recognized as a type of fundamental right and endowed with special protection, was also discussed. Furthermore, the study weighed the protection of these personal rights when in conflict with other guarantees, such as freedom of expression and the exercise of parental authority, using concrete cases to illustrate dysfunctional practices, while making the necessary distinctions to identify Oversharenting and non-harmful sharing. Finally, in the concluding remarks, the analysis focused on the current legislation, doctrine, and case law to admit the possibility of liability in cases where the necessary requirements were present, without, however, hindering the use of consensual methods for conflict resolution, especially in these cases.