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Article Brazil: Rights of Children and Adolescents in Digital Environments Regulated

On April 5, 2024, Brazil’s Ministry of Human Rights and Citizenship enacted Resolution No. 245, which provides for the rights of children and adolescents in digital environments. The resolution aims to address the risks of violations, exploitation, and abuse to which children are exposed through their use of digital technology. (Ministério dos Direitos Humanos e da Cidadania, Resolução No. 245, de 5 de Abril de 2024.)

The resolution defines “digital environment” as information and communication technologies, such as networks, content, services, and digital applications available in the virtual environment (the internet); connected devices and environments; virtual and augmented reality; artificial intelligence; robotics; and automated systems, biometrics, algorithmic systems, and data analysis. (Resolution No. 245, art. 1 (sole para.).) It further states that guaranteeing and enforcing the rights of children and adolescents in a digital environment are the shared responsibility of public authorities, families, and society, including companies providing digital products and services. (Art. 2.)

Some of the principles that guide the guarantee and enforcement of the rights of children and adolescents in a digital environment are nondiscrimination; right to life, survival, and physical, mental, moral, spiritual, and social development; respect for freedom of expression and conscience; the free development of personality, dignity, honor, and image; and the promotion of a healthy and safe digital environment, free from harassment, discrimination, and hate speech. (Art. 3.)

Resolution No. 245 also determines that authorities and companies providing digital services must adopt measures to combat digital exclusion; ableism; and illegal or abusive discrimination, whether direct or indirect, that is based on gender, disability, religious belief and worship, socioeconomic situation, sexuality, or ethnic and racial origin, among others, in order to ensure digital inclusion and accessibility and meaningful connectivity for all children and adolescents. (Art. 4 (sole para.).)

Children and adolescents must be protected against all violations of their rights related to the risks of content, contracts, contacts, and conduct of third parties that may put their life, dignity, and integral development at risk, and kept safe from any form of negligence, discrimination, exploitation, violence, cruelty, and oppression. (Art. 6.)

The reports of violations of the rights of children and adolescents in digital environments received by provider companies must be forwarded to the Ouvidoria Nacional dos Direitos Humanos (National Human Rights Ombudsman’s Office); the bodies of the Sistema de Garantia de Direitos (Rights Guarantee System), especially to Conselhos Tutelares (Guardianship Councils); the Public Prosecutor’s Office; the Public Defender’s Office; consumer protection bodies; and police authorities, preferably police stations specializing in virtual crimes and the protection of children and adolescents rights. (Art. 30.)

Eduardo Soares, Law Library of Congress
April 15, 2024

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Chicago citation style:

Soares, Eduardo. Brazil: Rights of Children and Adolescents in Digital Environments Regulated. 2024. Web Page. https://www.loc.gov/item/global-legal-monitor/2024-04-14/brazil-rights-of-children-and-adolescents-in-digital-environments-regulated/.

APA citation style:

Soares, E. (2024) Brazil: Rights of Children and Adolescents in Digital Environments Regulated. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2024-04-14/brazil-rights-of-children-and-adolescents-in-digital-environments-regulated/.

MLA citation style:

Soares, Eduardo. Brazil: Rights of Children and Adolescents in Digital Environments Regulated. 2024. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2024-04-14/brazil-rights-of-children-and-adolescents-in-digital-environments-regulated/>.