BRAZIL’S DIGITAL STATUTE FOR CHILDREN AND ADOLESCENTS (DIGITAL ECA): Regularization and Oversight of Artistic Activities Involving Children and Adolescents in Digital Environments
The Brazilian National Justice Council (CNJ) approved, on June 23, 2026, a Resolution establishing rules for judicial authorizations (court permits) required for the participation of children and adolescents in artistic activities in digital environments. The decision was formally recorded on June 25–26, 2026.
BACKGROUND
The Resolution establishes a nationwide standardized procedure for the issuance, review, and supervision of judicial authorizations and creates the National Registry of Authorizations for Artistic Activities of Children and Adolescents (BNAC).
The mandatory implementation timeline and data submission requirements for the BNAC will be defined by a future act of the CNJ Presidency. Until then, a judicial certificate may be used to prove the existence and validity of an authorization.
What has changed?
- Nationwide Standardization of Procedures: Uniform criteria will now apply to requests, review, and granting of judicial authorizations allowing children and adolescents to participate in monetized or promoted digital content.
- Creation of the BNAC: A centralized registry will serve purposes of consultation, oversight, traceability, and the generation of statistics and indicators.
- New Filing Requirements: Applications must include a minimum set of documents and information, such as account details, monetization methods, contracts, exposure workload, five-year activity history, and health and educational information.
- Mandatory Safeguards: Judicial authorizations may impose safeguards regarding working hours, mental and physical health protection, school attendance, content restrictions, privacy protection, and financial safeguards such as reserves, controls, and reporting obligations.
- Validity Periods: Authorizations may be granted for up to: 12 months for children; and 18 months for adolescents. Any renewal will require a new judicial review.
- Express Prohibitions: The Resolution expressly prohibits: Sexualized or erotic content; Undue exploitation of children and adolescents; Abusive advertising directed at children; Promotion of gambling and betting activities; Exposure to the worst forms of child labor; and other harmful practices.
- Mandatory Public Prosecutor Participation: The Public Prosecutor’s Office must intervene in all applications and may seek suspension, review, or revocation of authorizations where there are indications of non-compliance or exploitation.
- Jurisdiction: Applications must be filed before the Childhood and Youth Court of the child’s or adolescent’s domicile, which will retain jurisdiction over subsequent requests.
- Transition Rules: Existing authorizations will remain valid until their expiration date but may be adapted and subsequently registered with the BNAC.
Why it matters for your business
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Risk area |
What is at stake |
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Verification Obligations |
Digital service and technology providers may be required to implement mechanisms to verify the existence and validity of judicial authorizations before monetizing or promoting content that commercially exploits a minor’s image or daily activities. Failure to do so may result in administrative, civil, and reputational liability. |
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Litigation and Enforcement |
Increased likelihood of public civil actions, enforcement proceedings initiated by child-protection authorities, labor investigations, and consumer claims related to abusive advertising practices. |
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Artistic Activity vs. Advertising |
Technical opinions and institutional guidance issued by the CNJ and labor authorities reinforce the risk of a restrictive interpretation under which influencer and advertising activities may be classified as labor rather than artistic activities, potentially rendering them impermissible for minors in many situations. Companies that treat these activities as mere “content creation” may face legal challenges. |
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Contracts and Allocation of Liability |
Advertisers and agencies sponsoring or monetizing content involving minors may be held liable if they fail to require evidence of a valid judicial authorization or engage in advertising directed at children. |
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Data Protection (LGPD) |
The BNAC will contain sensitive information concerning children and adolescents. Data processing and access levels must comply with privacy principles, including data minimization and appropriate technical safeguards. Data breaches or misuse may result in regulatory exposure and reputational harm. |
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Financial and Operational Risks |
Payments to minors without appropriate financial-protection mechanisms (such as safeguarded accounts or blocked funds structures) may trigger judicial scrutiny and allegations of economic exploitation. |
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Platform Compliance |
Product functionalities such as monetization features, content promotion, or advertising formats may become dependent on prior verification of judicial authorization, creating operational and technical challenges. |
Our Perspective – Strategic Considerations
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Stronger regulatory scrutiny and enforcement The Resolution reflects a broader trend toward enhanced oversight by the judiciary, labor authorities, and public prosecutors regarding minors’ participation in digital businesses, particularly where monetization or content promotion is involved. |
Growth in litigation
An increase is expected in both enforcement actions and defensive proceedings, including judicial authorization requests, challenges to regulatory decisions, and requests for injunctive relief. Proactive compliance measures can significantly reduce legal costs and reputational exposure. |
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Two key developments to monitor
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Practical impact
Businesses already working with child content creators—or planning marketing campaigns involving minors—will need to establish cross-functional compliance structures involving legal, product, marketing, payments, privacy, and labor-compliance teams. |
Practical Recommendations
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Short-term actions (immediate)
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Medium-term actions (within 90 days)
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We are closely monitoring these developments and their potential impact on businesses and remain available to discuss this topic and assist with compliance strategies.
This publication is for informational purposes only and does not constitute legal advice. Legal consequences depend on the specific facts of each case and should be assessed individually.
