O direito fundamental da criança e do adolescente à informação e as políticas públicas de comunicação preventivas e protetivas de conteúdo adulto na internet no Brasil.

Abstract

This thesis in the field of Child and Adolescent law has as main theme the right of children and adolescents to information and public policies of preventive and protective communication of adult content on the Internet in Brazil. This thesis takes on the commitment not only to the critical approach to the subject, but also with concrete proposals for public communication policies for safe children internet browsing in the country. Thus, we seek to answer the question about what actions would make it safe for children and adolescents, matching their fundamental rights, from the establishment of a system of shared responsibilities among those involved in public communication policies for prevention and protection of access to adult / pornographic content? Based on this question the objective of this study grants the theoretical and legal support for the implementation of national policies and safe online communication to the Internet for children and adolescents. In order to achieve such a proposition articulated in five chapters, starting from the theory of full protection along the hermeneutic-constitutional grounds, and the specific legislation on children, to stipulate the basis of fundamental principles and rights. Such assumptions connect in the second stage in the delimitation of fundamental rights linked to expression, information and communication, with the fulcrum on the irradiation process of constitutional purposes and the internationalization of human rights, affecting differently the conflicts against the personal rights. In the third stage, the bases of public policies, as well as, the current policies in application are disposed and they are able to contribute to the final zone of the online proposition in childhood. In the fourth part of the thesis, it is the definition of the current social context, connected to the Internet and the inherent difficulties regarding to the complexity of this system, along with the opportunities and dangers offered on digital inclusion. Finally, it is in this part, where the critical current public communication online policies for childhood are, along with the proposal of this thesis, which has defined actions to achieve them. The completion of the study was guided by deductive approach method, the method of monographic procedure and the research technique of indirect documentation, emphasizing the value of normative standards, bibliographic and jurisprudential. As a conclusion for this thesis, a flow of interconnected actions is presented, based on the Rights Guarantee System for Children and Adolescents, determining the responsibilities shared by every component of this system, and systematizing changes and reviews on the same actions designed, in order to achieve public policies of constant improvement, equally articulated with the standards established so far, for the prevention and protection of the rights of children and adolescents to safely browse on the Internet in Brazil.