Maranhão Public Prosecutor's Office Issues Guidance on Child Content Creators
The Maranhão Public Prosecutor's Office (MPMA) has released technical guidance for prosecutors regarding the participation of children and adolescents in digital activities, particularly those involving monetization. This guidance aligns with National Justice Council (CNJ) Resolution nº 687/2026, which outlines judicial authorization requirements for minors in digital content creation, especially when their image, routine, or artistic activities are exploited for profit. The MPMA emphasizes that artistic participation is an exception to the constitutional prohibition of child labor, and judicial authorization must prioritize the absolute best interests, comprehensive protection, and dignity of the child or adolescent. The Public Prosecutor's Office plays a mandatory role in all such authorization requests, and whenever feasible, the minor should be consulted based on their age and developmental stage to ensure their right to participation and qualified listening. To obtain judicial approval, applicants must provide detailed information, including the nature of the activity, monetization methods, contracts, advertising involved, platform exposure history, schooling, and health status, all to assess if the activity serves the minor's best interests. Judges granting authorization must set clear limits on duration, frequency, and execution conditions, along with protective measures for the minor's health, education, leisure, family life, privacy, and assets. The resolution explicitly prohibits minors from participating in sexually explicit, degrading, or humiliating content, abusive child advertising, gambling, hate speech, discrimination, and other rights-violating situations. Evidence of economic exploitation, irregular child labor, or other violations must be reported to the Public Prosecutor's Office, the Labor Public Prosecutor's Office (MPT), and the Child Protective Services (Conselho Tutelar). The MPMA's Operational Support Center for Childhood and Youth has provided template opinions for prosecutors to assist with these judicial authorization requests.
This guidance from the Maranhão Public Prosecutor's Office addresses the evolving landscape of digital content creation and its intersection with child labor laws. By providing a framework for judicial authorization, the MPMA aims to balance the potential economic opportunities for minors with robust protections against exploitation. The emphasis on the child's best interests, informed consent, and comprehensive oversight reflects a systemic effort to adapt legal principles to the digital age. Future considerations may involve the long-term psychological impact of early digital exposure and the challenges of enforcing these regulations across diverse online platforms. The MPMA's proactive stance highlights the need for ongoing dialogue between legal bodies, content platforms, and families to ensure the digital environment remains safe and beneficial for young creators.
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