Brazil Digital Statute To Protect Minors Online Comes Into Force

By Daniella Almeida and Luiz Claudio Ferreira

Brazil’s Digital Statute for Children and Adolescents (Digital ECA) came into effect on Tuesday (Mar. 17). The legislation seeks to protect children and adolescents in the digital environment, including social networks, electronic games, video services, and online stores offering products and services aimed at or accessible to them.

Sanctioned in September last year, the new Brazilian legislation does not replace the 1990 Statute of Children and Adolescents (ECA), but establishes stricter guidelines on the rights of children and adolescents to ensure that the protection provided for in the physical world also applies in the digital world.

Researchers from organizations linked to children’s rights told Agência Brasil the new law is “historic” and “groundbreaking” for the country.

Águeda Barreto, a specialist in the digital protection of children and adolescents who works in the coordination of the non-governmental organization ChildFund Brasil, believes the country has taken the lead by approving a law to support public policies that provide for integration between sectors.

Barreto cites initiatives from other countries to protect children, such as Australia, which has banned the use of social networks by minors under 16.

“We have seen that this is a global movement, but the Brazilian law that was approved is very broad in scope.”

Felca Law

The approval of the Digital ECA came after influencer Felipe Bressanim Pereira, known as Felca, published a video in August last year in which he denounced social media profiles that used children and adolescents to promote the sexualization of minors under 18.

The hour-long video warns of the risks of exposing children and teenagers to inappropriate content on social media and how influencers profit from it. Informally, the Digital ECA is also referred to as the Felca Law.

One of the statute’s provisions prohibits, for example, the monetization or boosting of any content that portrays minors in a sexualized way or uses adult language.

Maria Mello, digital manager at the Alana Institute - a non-profit civil society organization - says that since the Felca video was published, the discussion about adultification has generated consensus and mobilized authorities, politicians, experts, families, and civil society organizations around the issue.

“The public debate on this issue grew and played an important role in the law, which was already mature, being approved quickly,” said Mello.

Impacts

Data from the TIC Kids Online Brazil 2025 survey, conducted by the Regional Center for Studies on the Development of the Information Society (Cetic.br), show that by 2025, 92 percent of Brazilian children and adolescents aged 9 to 17 had internet access, representing approximately 24.5 million people. According to the survey, 85 percent of this group have a profile on at least one of the platforms investigated.

In a more specific breakdown, the data show that in the 9–10 age group, 64 percent of users have a social media profile. This share rises to 79 percent among those aged 11 to 12 and to 91 percent among those aged 13 to 14. Almost all internet users aged 15 to 17 (99 percent) have a profile on at least one platform.

Family responsibility

With the Digital ECA - Brazilian Statute for Children and Adolescents - responsibility for the internet safety of users under 18 should be shared between technology companies and families, who must be more attentive to internet use.

To reinforce parental supervision, minors up to 16 will only be able to access social networks if their account is linked to that of a legal guardian.

ChildFund Brasil researcher Águeda Barreto explains that the objective is to more closely monitor conversations, usage time, the blocking of inappropriate content, and authorization for purchases, for example.

Lawyer Bianca Mollicone, a specialist in data protection and the regulation of new technologies, emphasizes that legislation alone does not replace the role of families, schools, and educators:

“You can’t outsource the education of children and then blame only the platforms. Parents need to understand what their children are using and not be afraid to prohibit something when it doesn’t make sense. If you’re not there as a parent, who will stop them?” asks Mollicone.

On the other hand, Maria Mello, from the Alana Institute, acknowledges that monitoring children’s and adolescents’ online access cannot fall solely on families. For her, this is an achievement of the legislation, which recognizes Brazil’s historical inequalities.

“In a society with 11 million single mothers who are sole caregivers, and where there is a lack of daycare, public parks, and safety for children to get away from screens, expanding the range of responsibilities is fundamental,” said Mello.

The Digital ECA also mandates that platforms provide accessible and easy-to-use settings and tools that support parental supervision.

The Google Family Link and Qustodio platforms are among the best known and allow parents to monitor and track children’s online activities, as well as block dangerous websites and protect them from online bullying.

Self-declaration

Among the rules established by the new law is the prohibition of simple self-declaration of age, which, with just one click on “I am 18+ years old,” allows users of any age unrestricted access to social networks.

According to Kelli Angelini Neves, an advisor on public policies at the Information and Coordination Center of the .BR Domain (NIC.br) and a specialist in digital law, more reliable mechanisms should be used to verify users’ real age, instead of self-declaration. “Websites will have to verify age and make accounts and purchase access unavailable to those under 18. The same applies to adult content websites, which are not permitted for those under 18. A series of measures must be implemented by companies to ensure this protection,” Neves said.

She added that the Brazilian government is expected to publish a regulatory decree this month defining which verification mechanisms will be accepted.

Vulnerability

Last year, ChildFund published the research Mapping the Vulnerability Factors of Adolescents on the Internet, which surveyed 8,000 adolescents across Brazil. The study showed that 54 percent of the respondents had already experienced some form of online sexual violence.

ChildFund specialist Águeda Barreto explains that one of the pathways to this type of violence is the interaction enabled by online games, for example through virtual conversations: “The aggressor contacts the child via video and shows a sexual image. It is an example of the scale of the problem we are experiencing.” The Digital ECA also seeks to protect children from these external threats. In this context, the law requires the removal, within 24 hours, of content related to sexual exploitation, physical violence, drug use, bullying, cyberbullying, and incitement to suicide or self-harm, among others.

These occurrences must be reported immediately to the National Data Protection Agency (ANPD).

Furthermore, the legislation prohibits advertising considered predatory, unfair, or misleading, as well as advertising that may result in financial harm to children and adolescents.

Data from the TIC Kids Online Brazil 2025 survey, show that 53 percent of users aged 11 to 17 reported being exposed to videos or content from influencers promoting gambling. Among those aged 15 to 17, exposure is even higher, rising to 63 percent.

Loot boxes

Another problem addressed by the Digital ECA is loot boxes. The legislation seeks to ban this mechanism, which is very common in electronic games aimed at children and teenagers, such as Roblox.

Loot boxes offer random items purchased with real money or virtual currency. Users spend without knowing exactly what they will receive. The outcome, in this case, depends on chance rather than the player’s skill.

Lawyer Bianca Mollicone explains that the game’s logic is similar to that of casino slot machines, which encourage repeated attempts to obtain better rewards and can result in financial losses, taking advantage of children’s addiction and vulnerability.

“This dynamic creates an addiction that leads to increasing spending, representing a significant source of monetization for platforms.”

The new legislation is expected to change this business model.

Responsibilities

The Digital ECA also stipulates that companies offering online services to children and adolescents must create support channels for victims and promote educational programs.

Platforms with more than 1 million users in the child and adolescent age range must prepare semiannual data protection impact reports and submit them to the ANPD (National Data Protection Authority).

Maria Mello believes the law can work proactively: “Companies must account for how they handle the accounts of children and adolescents, especially content that may violate their rights.”

The expert points out that the Digital ECA is explicit about the sanctions applied to companies in cases of non-compliance. In addition to the penalties provided for in the Penal Code, the legislation imposes stricter penalties on offending companies.

Sanctions range from warnings and fines of up to 10 percent of the economic group’s revenue, to temporary suspension of services, and even the loss of authorization to operate in the country in cases of repeated irregularities.

In the case of a foreign company, its branch or office in Brazil is jointly liable.

• Priscilla Mazenotti from Rádio Nacional contributed to this report.