ATUAÇÃO DE CRIANÇAS E ADOLESCENTES COMO CRIADORAS DE CONTEÚDO NO TIKTOK - ANÁLISE JURÍDICA SOBRE A FALTA DE REGULAMENTAÇÃO ESPECÍFICA E SUA EFICÁCIA

Abstract

The participation of children and adolescents as content creators on digital platforms, especially TikTok, constitutes a new form of child labor disguised as entertainment, marked by the absence of specific regulation and the social normalization of its practice. The monetization of videos and early media exposure have turned the home environment into a space for content production, masking labor relations under the guise of spontaneity. This study aims to analyze the legal protection of children in the face of the lack of regulation of digital child labor, examining the sociocultural and economic factors that contribute to its invisibility. To this end, bibliographic and documentary research was developed, with a qualitative approach, focused on national legislation (Federal Constitution, CLT, and ECA), international ILO conventions, and foreign regulatory instruments, such as the European GDPR, the British Children’s Code, and French laws on the protection of children’s images. The analysis shows that self-regulation of platforms is insufficient to guarantee comprehensive protection, requiring state intervention and regulatory updates that establish objective criteria for identification, oversight, and accountability. It is concluded that digital child labor constitutes a contemporary form of exploitation, requiring coordinated legal responses between the state, families, and platforms in order to ensure the effectiveness of the fundamental rights of children and adolescents in the virtual environment.