A erotização de artistas infantis pelos meios de comunicação e as possíveis violações ao direito à infância dos telespectadores mirins

Abstract

This monograph addresses the eroticization of children's artists by the media in the face of comprehensive child protection. The right to full childhood is guaranteed, with absolute priority, by Article 227 et seq. of the Constitution, as well as by Law No. 8,069/1990, which provide for the duty of the State, society and the family to ensure children and adolescents access to health, food, education, leisure, culture, freedom and dignity, so that they can achieve their full development. In this sense, children are also guaranteed the exercise of professional artistic activity, under the terms of Article 8 of Convention No. 138 of the International Labor Organization, regardless of their age group. Likewise, the mass media is guaranteed the free exercise of the press, and censorship by the State is prohibited, provided that there is no offense to the provisions of CF/88, under the terms of Article 5, item IV and IX; as well as Articles 220 to 224, all of the Constitution. Thus, the discussion deals with the possible violation of the right of child viewers. From the above, the question is asked: How can the eroticization of children's artists, promoted by the media, generate a violation of the fundamental right to full childhood of children? The objective of this study is to verify, through the analysis of the specific case of the presenter Maisa Silva, whether the promotion of early eroticization of child artists violates the fundamental right provided for the childhood of child viewers. The hypothetical-deductive approach method and the comparative and monographic procedure methods are used, in addition to the documentary and bibliographic research technique, as well as the case study technique. The work is divided into two chapters. The first addresses the full protection of the child against the rise of the media. The second deals with the regulation of child labor in the face of eroticization of child artists and, finally, about the reflexes caused to child viewers. It is concluded that, although freedom of expression and press is guaranteed to the media, there must be a mitigation of these rights in order to guarantee the protection of children. Thus, it was demonstrated that the eroticization of child artists hurts the rights of child viewers, since it encourages them to anticipate the end of childhood, causing numerous negative consequences, such as, for example, their exposure to sexual exploitation on the internet.