A semente da lei

a jurisprudência do STJ e a proteção da criança e do adolescente na gênese do ECA digita

Abstract

This article analyzes the regulatory and jurisprudential evolution of child and adolescent protection in the digital environment, focusing on the civil liability of digital platforms. Of note is the paradigmatic and groundbreaking decision of the Superior Court of Justice in Resp 1.783.269/ MG, in which Justice Antônio Carlos Ferreira recognized the responsibility of digital platforms to remove offensive content involving children and adolescents, regardless of a court order, provided they had unequivocal knowledge of the violation. This judicial interpretation anticipated the principles that would later be incorporated into the Digital Statute of Children and Adolescents (Law No. 15.211/2025), which consolidates the logic of preventive liability, imposing technical duties on platforms such as the immediate removal of illicit content, communication with the competent authorities, and retention of data for investigation. The STJ decision and the Digital ECA solidify Brazil as a pioneer in shifting responsibility from mere reaction to structural prevention, filling existing gaps in the Internet Civil Rights Framework and the LGPD, especially regarding parental consent and the prevention of systemic risks, introducing specific safeguards for children and adolescents in the digital sphere.