A EDUCAÇÃO E A INCLUSÃO DIGITAL DA PESSOA IDOSA: OBRIGAÇÕES E RESPONSABILIDADE CIVIL EM DEFESA DOS DIREITOS DA PERSONALIDADE

A proteção do direito à educação inclusiva: interfaces entre o Conselho Tutelar e o Sistema de Garantia de Direitos da Criança e do Adolescente

Inclusive education is a fundamental right guaranteed by Brazilian legislation and international human rights treaties, requiring coordinated action among the various bodies responsible for the comprehensive protection of children and adolescents. In this context, the Guardianship Council plays a relevant role in ensuring students' access to, permanence in, and participation within the school environment, especially in situations involving threats to or violations of their rights. Against this background, the research problem is formulated as follows: how does the performance of the Guardianship Council contribute to the effective guarantee of the rights to inclusive education for children and adolescents? This study is characterized as a bibliographic research with a qualitative approach and a descriptive objective, developed through the consultation of books, scientific articles, legislation, and official documents published primarily between 2021 and 2026 concerning inclusive education, the Child and Adolescent Statute, and the responsibilities of the Guardianship Council. The study is justified by the social, legal, and educational relevance of the topic, considering the need to strengthen institutional mechanisms capable of ensuring the effectiveness of the right to inclusive education and contributing to the improvement of public policies aimed at children and adolescents. The general objective is to understand how the Guardianship Council contributes to ensuring the right to inclusive education for children and adolescents, considering its legal responsibilities and its coordination with the child protection network. The findings indicate that the Guardianship Council performs a strategic role in safeguarding educational rights by promoting referrals, protective measures, and coordinated actions involving schools, families, and other public services. However, challenges were also identified, including insufficient resources, the need for continuing professional training, and the strengthening of intersectoral cooperation. It is concluded that the effective performance of the Guardianship Council is an important instrument for the realization of inclusive education, contributing to the promotion of citizenship, comprehensive protection, and the guarantee of the fundamental rights of children and adolescents.

A lei 15.211/2025, as restrições ao uso de redes sociais por adolescentes e as implicações para a cidadania e educação digital

In 2025, Law No. 15,211/2025 (Digital ECA) was enacted in Brazil, aiming to protect children and adolescents in the digital environment. This article analyzes the impacts of this law regarding restrictions on social media use by minors under 16 years of age, in contrast to the perceptions of adolescents in the state of Mato Grosso do Sul regarding the challenges faced on the internet and digital education. The research adopted a qualitative approach, combining documentary analysis and Discursive Textual Analysis (DTA) to examine the Digital ECA and questionnaires administered to students. The results show that young people recognize vulnerabilities such as cyberbullying and exposure to inappropriate content, but also value social media as spaces for socialization and identity. It is concluded that the Digital ECA represents a step forward in the protection of digital rights; however, its effectiveness depends on the integration of the law with media and digital education, ensuring safe and informed participation in the connected world.

O dever de proteção da infância no ambiente digital: regulação, riscos e garantias

This article analyzes the legal protection of children and adolescents in the digital environment, based on the following research question: is the Brazilian legal system effective in protecting childhood in the digital environment? The general objective is to examine the legal protection of children and adolescents in the digital sphere, and the specific objectives are to identify the risks to which this group is exposed, to analyze the applicable legislation, and to assess its effectiveness. The methodology is qualitative, based on a bibliographic and documentary review. The results show that the early and hyperconnected insertion of children and adolescents into the virtual space increases vulnerabilities such as cyberbullying, exposure to inappropriate content, sexual exploitation, algorithmic manipulation, and the misuse of personal data. It was found that the Brazilian legal system has a relevant normative framework, structured on the doctrine of integral protection enshrined in the Federal Constitution of 1988 and implemented through the Child and Adolescent Statute, the Brazilian Internet Civil Framework, the General Data Protection Law, and, more recently, the Digital Statute of Children and Adolescents, established by Law No. 15,211 of 2025. However, it was also found that the mere existence of legal rules does not ensure effective protection, given the gap between technological change and the State's response, enforcement difficulties, and the transnational nature of the internet. It is concluded that the effective protection of childhood in the digital environment requires integrated action by families, the State, society, and technology companies, combined with digital education, platform accountability, and international cooperation.

A promoção da educação inclusiva da pessoa com transtorno do espectro autista na educação básica brasileira

This study examines the challenges faced by individuals with Autism Spectrum Disorder  (ASD) in achieving the fundamental right to inclusive and high-quality basic education, as  guaranteed by the Federal Constitution of Brazil. Its primary objective is to analyze the  effectiveness of the legal framework governing the educational inclusion of students with ASD,  particularly in light of the constitutional principles of human dignity and equality. Although the  Brazilian legal system has made significant progress in safeguarding the rights of individuals  with ASD, especially through the Berenice Piana Law and the Brazilian Law for the Inclusion of  Persons with Disabilities, the full implementation of these legal guarantees continues to  encounter substantial obstacles. In the educational context, persistent challenges include the  shortage of specialized professionals, inadequate teacher training, structural limitations within  educational institutions, and the continued existence of social and attitudinal barriers that hinder  the effective participation of students with ASD in the school environment. This research was  conducted using the inductive method, adopting a qualitative, exploratory, and descriptive  approach. The study was based on a bibliographic review, analysis of the applicable legislation,  examination of legal doctrine, review of case law, and assessment of statistical data relevant to  the subject. The findings indicate that the effective promotion of inclusive education for  individuals with Autism Spectrum Disorder depends on the continuous implementation of  effective public policies, ongoing professional development for educators, the adoption of  appropriate inclusive pedagogical strategies, and the strengthening of oversight mechanisms to  ensure compliance with existing legislation. It is concluded that the realization of the right to  inclusive education requires coordinated action by the State, educational institutions, and  society, ensuring that students with autism are provided with genuine opportunities for access,  retention, participation, and development within the educational system. 

A proteção de dados pessoais como direito humano fundamental: limites ao uso de informações e seus impactos na  efetivação dos direitos sociais na era digital

This study analyzes the protection of personal data as a fundamental human right within the  context of the digital society, emphasizing its importance for safeguarding privacy, human  dignity, and social rights. It examines the evolution of this right in the Brazilian legal system,  with particular focus on Constitutional Amendment No. 115/2022 and the Brazilian General  Data Protection Law (Law No. 13,709/2018 – LGPD). The research also discusses the main  legal principles and limitations established by the LGPD, highlighting the need for personal  data processing to be conducted in a transparent, lawful, and secure manner, as well as the  accountability mechanisms applicable to violations of data protection regulations. Furthermore,  the study addresses the impacts of personal data processing on the effectiveness of social rights,  demonstrating that the improper use of personal information may result in discrimination,  excessive surveillance, and digital exclusion, thereby undermining equality and access to  essential public services. Conversely, it recognizes that the responsible use of data can  contribute to improving public policies and administrative efficiency. Finally, the study  concludes that technological advancement must be accompanied by effective data protection  mechanisms based on governance, transparency, and institutional accountability. It therefore  advocates for a balance between technological innovation and the protection of human rights,  ensuring respect for human dignity and the effective realization of social rights in the digital  age. 

Entre la promesa y la realidad. Dificultades del profesorado en ejercicio para implementar la ciudadanía digital Between Promise and Reality: Challenges Faced by In-Service Teachers in Implementing Digital Citizenship