The rapid digitization of our society has brought with it not only advances but also new concerns and risks, especially with regard to children and adolescents.

The National Council for the Rights of Children and Adolescents (Conanda), a permanent and autonomous collegiate body under the Office of the President of the Republic, adopted Conanda Resolution No. 245 on April 5, 2024. This resolution represents a crucial legislative response in Brazil, aimed at providing a safer digital environment for young people.

This legislation supplements existing regulations and introduces specific guidelines for the comprehensive protection of children and adolescents in the digital realm, addressing everything from safe access to information to protection against abuses such as cyberbullying and sexual exploitation.

Conanda Resolution No. 245 represents a significant advancement in the approach to digital protection for children and adolescents in Brazil. This legislation not only shifts the responsibilities for care and protection from the private to the public sphere, but also reinforces the notion that all segments of society are guardians of young people’s digital rights.

Unlike previous approaches, which often placed the burden of digital protection primarily on parents, CONANDA Resolution No. 245 broadens this responsibility to include a variety of stakeholders. The government has a duty to create and implement policies that ensure the digital safety of children and adolescents; technology companies are required to consider the rights of young people at all stages of product development and implementation; and civil society must actively participate in promoting a safe digital environment.

Fundamental Principles

The resolution is based on sound ethical principles, which serve as the foundation for the various specific measures it proposes:

• Non-Discrimination: ensuring that no young person is excluded from the benefits of digital life due to their socioeconomic, cultural, or ethnic background, or for any other reason. This principle is crucial for a diverse country like Brazil, where disparities can be significant.
• Best Interests of the Child: All actions and policies covered by the resolution must prioritize the well-being of young people. This means that economic or technological considerations cannot take precedence over the fundamental rights of children and adolescents.

In this regard, the resolution emphasizes safe access to technology as a fundamental right. This does not merely involve providing the means to access the internet, but ensuring that such access is managed in a way that protects young people from harmful content, abuse, and exploitation. Safe access is also intrinsically linked to the quality of education, preparing young people to interact critically and thoughtfully with the digital environment.

The emphasis on digital inclusion is particularly relevant in a context of marked inequalities. The Resolution recognizes that without active intervention to democratize access to technology, the digital divide could perpetuate and even intensify existing social and economic inequalities.

In this regard, the legislation aims not only to provide physical access to technology but also to promote digital literacy, ensuring that all children and adolescents, regardless of their background, can fully benefit from the opportunities the digital world offers.

These guidelines from the Resolution demonstrate a commitment to a digital environment that is inclusive, safe, and conducive to the holistic development of children and adolescents. This multifaceted approach requires collaboration among different sectors and, if implemented effectively, has the potential to significantly transform the Brazilian digital landscape for young people.

Changes Introduced by CONANDA Resolution No. 245

The new regulations introduce an innovative and comprehensive approach to digital education in Brazil, placing a strong emphasis on teaching children and adolescents to interact safely and responsibly in the online environment.

This new legislative mandate recognizes the urgent need to equip young people with the tools and knowledge necessary to navigate the internet—not just as consumers of content, but as active and informed digital citizens.

Development of Education Policies

The resolution establishes clear guidelines for the development and implementation of educational policies that cover a wide range of digital skills.

These policies are designed to teach essential skills, such as the ability to assess the credibility of online information, understand the privacy and security settings of different platforms and apps, and recognize and respond to potentially harmful content or behavior.

In addition, the legislation emphasizes the importance of educating children and adolescents about their digital rights, including the right to privacy, freedom of expression online, and equitable access to digital technologies.

Digital Skills Training

The proposed digital skills training goes beyond the simple functional use of technology; it seeks to develop a deep understanding of how technologies work and how they can be used creatively and productively. This includes teaching basic programming, cybersecurity, digital ethics, and the practical application of emerging technologies. These skills are vital not only for the personal safety of young users but also for preparing them for the demands of the future job market, which will be increasingly based on technological competencies.

Teaching About Online Rights and Responsibilities

Education on online rights and responsibilities is another central pillar of the Resolution. This aspect of digital education aims to foster a generation of users who not only know their rights as participants in the digital space but also understand the responsibilities that accompany those rights. This includes understanding copyright laws, online standards of conduct, and the legal and social implications of their actions on the internet.

Privacy by Design

In addition, the Resolution requires digital service providers to adopt the “Privacy by Design” approach . This design principle requires that privacy be a central consideration in the design of digital products and services, ensuring that measures to protect personal data are integrated from the outset of the development of any new service or significant update. This requirement seeks not only to better protect users’ personal data but also to strengthen trust in the digital ecosystem, which is essential for its safe adoption by children and adolescents.

Thus, Conanda Resolution No. 245, with its renewed emphasis on digital education and the implementation of security practices from the very conception of digital services, represents a significant advance in Brazilian legislation. It not only protects children and adolescents from the risks inherent in the digital environment but also prepares them to use these technologies effectively and ethically, promoting a safer and more inclusive future in the digital age.

Integration with Existing Brazilian Law

Conanda Resolution No. 245, in line with the Brazilian legal framework for the protection of children and adolescents in the digital environment, incorporates and expands upon the protections established by the Statute of the Child and Adolescent (ECA), the General Personal Data Protection Law (LGPD), and the Brazilian Civil Rights Framework for the Internet.

The ECA already provides a solid foundation of fundamental rights, such as health and education, and specific protections against physical and emotional abuse, while the LGPD focuses on the security and privacy of personal data, with special attention to information regarding minors. In addition, the Marco Civil guarantees rights such as freedom of expression and access to information online, and imposes obligations on internet service providers to protect users from risks and violations.

Conanda Resolution No. 245, in turn, specifies how these rights should be effectively implemented in the digital sphere, promoting digital inclusion as a fundamental right for the holistic development of young people.

This resolution is crucial in a country marked by significant disparities in access to technology, as it recognizes that the digital divide can perpetuate cycles of social disadvantage. Additionally, Law No. 14,811/2024, which amended the Penal Code to specifically include the crimes of bullying and cyberbullying, reinforces the Resolution by creating stricter legal mechanisms to combat these forms of abuse, establishing clear penalties to deter such harmful behavior, and ensuring that those responsible for these acts are punished.

This legislation represents a legislative effort to adapt the laws to the contemporary realities of the digital environment, where such practices have become increasingly common and harmful.

By combining the frameworks of the ECA, LGPD, and Marco Civil—and now reinforced by Law No. 14,811/2024—Conanda Resolution No. 245 offers an integrated and robust approach that not only protects children and adolescents from digital risks but also promotes a safer and more inclusive online environment. This integrated legislation is essential to ensure that safeguards for minors remain effective in the face of rapid technological advancements and new forms of social interaction on the internet. The implementation of this legislation will be a crucial indicator of Brazil’s commitment to protecting its young citizens in the digital age, requiring continuous and proactive collaboration from all sectors of society.

International Scene

Just as has been the case in Brazil, internationally, initiatives such as the European Union’s General Data Protection Regulation (GDPR) and the U.S. Children’s Online Privacy Protection Act (COPPA) had already established strict standards for protecting children’s privacy online.

The GDPR, for example, emphasizes the need for parental consent for the processing of children’s data, while COPPA requires operators of websites targeting children to obtain verifiable parental consent before collecting personal data. Conanda Resolution No. 245 is aligned with these international principles, adapting them to the Brazilian context and promoting a global dialogue on effective practices for child protection online.

Conclusion

As we have seen, the implementation of Conanda Resolution No. 245 marks a turning point in the protection of children and adolescents in the Brazilian digital environment. This legislative advancement not only brings Brazil into line with international best practices but also addresses specific shortcomings found in previous legislation, adapting it to the complexities of the modern digital world. This resolution expands upon the protection principles already established by the ECA, the LGPD, and the Brazilian Civil Rights Framework for the Internet, introducing specific measures that ensure the online safety and privacy of children and adolescents.

The benefits of CONANDA Resolution No. 245 are undeniable: it provides a robust legal framework that protects minors from digital abuse while promoting digital inclusion and education. However, the resolution’s effectiveness in practice depends on meticulous implementation and comprehensive cross-sector collaboration. The challenges are significant and multifaceted, including the need for appropriate technology that supports privacy-by-design provisions, the training of educators and parents to guide children in safe internet use, and the creation of effective monitoring and enforcement mechanisms to ensure compliance with established standards.

To overcome these challenges, close cooperation between the government, the technology sector, educational institutions, and civil society is essential. This collaboration should aim to develop public policies that not only address digital protection needs but also promote an enriching and accessible online environment for all young people. Furthermore, it is crucial that these policies be flexible and adaptable, capable of evolving alongside rapid technological changes and emerging digital challenges.

Thus, while Conanda Resolution No. 245 is a step toward a safer digital future for children and adolescents in Brazil, its full success will depend on proactive implementation and an ongoing commitment to reviewing and improving digital protection practices. The goal is to ensure that the digital environment is not only safe but also a space for growth, learning, and expression for young people, grounded in principles of equality and respect. This joint effort will ensure that the resolution reaches its transformative potential, creating a legacy of digital inclusion and online safety for future generations.

About the authors:

Márcia Bernardes is a full member of the São Paulo State Board of Education (CEE-SP), an educational advisor at the São Paulo State Department of Education, and a professor at UniFaat University Center.

Walter Calza Neto is an attorney specializing in data protection and cybersecurity. He is a court-appointed expert for the São Paulo State Court of Justice (TJSP) and a Data Protection Officer. He is a member of the Special Commission for the Study of Data Protection at the São Paulo Bar Association (IASP) and a member of the Innovation and Technology Commission of the São Paulo State Bar Association (OAB/SP).

*This text does not necessarily reflect the opinion of Bett Brasil.

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