Proteção integral da criança e do adolescente no ambiente digital

a importância dos precedentes judiciais no combate à adultização e pornografia infantil nas redes sociais

Abstract

This article focuses on the analysis of Resp No. 1,783,269/MG (2021), a precedent that established the civil liability of application providers regardless of a court order when involving content harmful to minors, based on the “extremely special nature” of child protection standards and the concept of a platform’s “relevant omission.” The paper demonstrates how this judicial interpretation anticipated by four years the grounds later systematized by the Supreme Federal Court in the landmark decision of June 2025 (RE No. 1,037,396 and RE No. 1,057,258 – Themes No. 987 and 533), which declared the partial unconstitutionality of Article 19 of the Brazilian Civil Rights Framework for the Internet. The STF decision transformed “relevant omission” into a “systemic failure” and included sexual crimes against children and adolescents in the list of extremely serious offenses that require platforms to exercise proactive due care. The study contextualizes precedents in the contemporary social debate on adultification and digital child exploitation, sparked by Felipe Castanhari’s investigation in August 2025, which highlighted the algorithmic complicity of platforms in amplifying content that sexualizes minors.