The use of Children´s Pictures in Artistic and Advertisement Reproductions

Abstract

So that the special tutelage of children and adolescents may be guaranteed, Brazil adopted the doctrine of integral protection. It is a set of principles and rules in juridical ordinance to defend the fundamental rights and guarantees of children and adolescents. In fact, they are developing subjects of law that require special needs by the family, society and State. The best interests of the children and responsible parenthood are the principles under consideration. The latter is given in Art 226 § 7º of the Brazilian Constitution, coupled to the dignity of the human person, which foreground family planning. Besides the protecting principles, there are a series of positive and negative determinations in the law that protect the rights of children and adolescents, among which may be mentioned the prohibition of child labor for under 16-year-old children, except as apprentices from their fourteenth year. Currently the practice of artistic child labor is something to be debated in Brazil. The number of children who participate in artistic productions and in advertisements is rising. There is no regulation in Brazil on the theme and there are juridical controversies on the legality and form of such a practice. However, besides the legal issues, one should analyze whether the rights of the personality of children and adolescents, especially their right to their image, are duly respected in labor relationships. Since minors are people in development and absolutely incapacitated, their parents are the main guardians of their interests. It is highly necessary to verify whether these relationships contain abuses on the right of image of children and adolescents, the effects of such laborial practice in their life and in the development of the personality of the small artists, the responsibility of the legal guardians, society and the State in the defense of the minors´ interests.