The primary duty of digital platforms in curating content that incites violence in schools as a safeguard to the absolute priority of children and adolescents.
absolute priority of children and adolescents, social function, objective good faith, general duty of care, civil liability, ECA (Brazilian Child and Adolescent Statute).
The present research aimed to identify how digital platforms violate the general duty of care in curating content containing violence targeted at children and adolescents, and also to signal feasible routes to be pursued in order to ensure that these economic agents respect the absolute priority and full protection of children and adolescents, as advocated by the United Nations Convention on the Rights of the Child of 1989, and Article 227 of the Federal Constitution of 1988. The research was developed through bibliographic review, mapping of violence in schools, and analysis of documents, norms, regulatory frameworks, as well as podcasts. The main findings demonstrate that digital platforms, the key protagonists of the surveillance capitalism system, are constituted by of a form of vigilance based on a totalitarian, undemocratic logic that spreads hate speech, incites violence, and naturalizes surveillance, which is detrimental to the personality development of children and adolescents. In this context, such economic agents do not carry out business activities with security and neutrality, nor are they mere intermediaries, leading to the non-application of Articles 19 and 21 of the Internet Civil Rights Framework to the case, which brings about the application of Article 14 of the Consumer Protection Code due to defects in service provision. Therefore, self-regulation is desirable and important; however, alone it is ineffective for digital platforms to fulfill the general duty of care in curating violent content, which is why coordinated, multidisciplinary, and multisectoral action may promote the necessary incentives for such economic agents to make the digital realm safe for girls and boys.