Convivência Virtual: Desafios e Perspectivas Jurídicas

Abstract

This paper aims to analyze family coexistence in the virtual context, in particular, how the use of Information and Communication Technologies (ICTs) can facilitate interactions between parents and children in situations of physical distancing, such as in cases of separation, incarceration or parental alienation. The study is based on the bibliographic methodology regarding the content, hypothetical regarding the questions and consequences, and deductive regarding the expected results. Initially, the historical evolution of the family institution and the social and legislative changes that have impacted this institution are explored. Afterwards, the impact of ICTs on family relationships, their challenges, such as sharenting, and benefits, such as virtuais visits for divorced or incarcerated parents, were analyzed. Then, virtual coexistence was examined from a legal perspective, the positioning of the Judiciary in cases of geographic distancing, parental incarceration and parental alienation. The study reveals that, although virtual coexistence does not replace face-to-face contact, it is a viable alternative to preserve emotional bonds and guarantee children's right to coexistence with both parents. Therefore, it is up to the Judiciary to regulate virtual interactions, with the purpose of ensuring the healthy development of children and adolescents, in accordance with the principles of dignity and the best interests of the child provided for in Brazilian legislation.