A problemática da vulnerabilidade do menor na internet e o papel do poder parental no âmbito do direito da família

Abstract

This undergraduate thesis seeks to identify and explore the vulnerability of minors on the internet and the role of parental power in cases of potential omission and digital abandonment. The research highlights the evolution and transformation of parental power over time, shifting from almost absolute parental authority to a balance that considers the individual rights of the minor according to their level of maturity, with a focus on the current Family Law. It examines how the constitutional principle of the best interests of the child is sought to be ensured. The role of the Public Prosecutor's Office (MP) and the Minor Guardianship Court is emphasized as crucial in defending the rights of children. From a comparative law perspective, it was possible to conclude that the legislation of the Republic of Cape Verde and the Special Administrative Region of Macau explicitly emphasizes the legal and digital protection of minors in relation to their capacity, contrary to what is observed in Mozambique. On the other hand, the study addresses the potentially serious consequences of the misuse of social media, especially the TikTok algorithm, which has a low level of security. The general legal challenge and the specific challenge for parents is to effectively implement the guarantees established by the Constitution of the Republic of Mozambique regarding minors and educate them to use the internet without falling victim to its dangers, avoiding actions that may harm others within the digital context. However, parents are the main ones responsible for assisting and guiding their children about the dangers and their behavior in the virtual world, as they may be held accountable under administrative, civil, and criminal law, both for the harm suffered by their children due to lack of care and for the actions of their children that may cause harm to third parties. In this regard, even though parental responsibility for the abandonment of children on the internet is not explicitly stated legally, there is room for the possibility of accountability due to omission or negligence, which often reveals some neglect towards their own children