National Council of Justice (CNJ) regulates judicial authorization for digital content involving minors

Resolution #687/2026, published on July 1, 2026, regulates the application of Article 34 of Decree # 12.880/2026

In summary

In March 2026, the Decree #12.880/2026 introduced a requirement for prior judicial authorization for the dissemination of monetized or boosted content that regularly exploits the image, or routine of children and adolescents. Article 34* of such Decree further provided that the Ministry of Justice and Public Security (MJSP), the National Council of Justice (CNJ), and the National Council of the Public Prosecutor’s Office (CNMP) should coordinate the development of rules and procedures to operationalize this authorization requirement.

In this context, on July 1, 2026, the CNJ issued Resolution #687/2026 (the “Resolution”), establishing a nationwide framework for obtaining the required judicial authorization. The Resolution sets out the procedural requirements for filing authorization requests, the criteria to be considered by courts when assessing such requests, and mechanisms for the registration, monitoring, and oversight of granted authorizations.

The Resolution, therefore, may impact legal guardians, content creators, agents, advertisers, digital platforms, and other providers of information technology products or services.

Key takeaways

The Resolution (1) regulates the requirements for filing requests for judicial authorization, (2) provides for the implementation of specific safeguards by the court (such as limitations on working hours, protection of health and school routine, asset protection measures, among others), (3) creates the National Database of Permits for Artistic Activities of Children and Adolescents (BNAC), aimed at ensuring transparency, traceability, and nationwide integration of the authorizations granted.

The Resolution further establishes maximum validity periods for such authorizations (up to 12 months for children and up to 18 months for adolescents), and regulates their renewal, amendment, suspension, and revocation.

The stakeholders involved in the dissemination chain of the types of content mentioned in the Article 34 of the Decree #12.880/2026 should therefore review their contractual and operational processes to adapt to these new rules.

More details

• On the nature of the regulated activity:
  • The Resolution considers to be an artistic activity of children and adolescents the “creation, interpretation, or performance, by a child or adolescent, of a cultural work of any nature, intended for public display or dissemination, under the terms of Law #6.533/1978, in a digital environment or through other means of dissemination”;
  • The Resolution has a special focus on the activities of the so-called kid influencers and makes express reference to Article 149, II, of the Statute of the Child and Adolescent (Law #8.069/1990), reinforcing the exceptional nature of child and youth artistic activity, considering the general prohibition of child labor;
  • The participation of children and adolescents, even as extras or supporting actors, is expressly prohibited in (1) eroticized or sexual content, (2) content that exposes them to embarrassing or degrading situations, (3) advertising of products whose commercialization is prohibited to minors, (4) advertising directed at children characterized as abusive, (5) advertising practices prohibited by legislation for the protection of children and adolescents, (6) content that promotes or encourages betting, gambling, lotteries, or equivalent activities, (7) content that encourages dangerous behavior, and (8) content that promotes hate speech, discrimination, or any other form of violence.
• On the affected companies and individuals:
  • Information technology products or services providers that host or allow the dissemination of such content must require proof of judicial authorization, as applicable, and implement measures to restrict or make unavailable content published in noncompliance with these legal requirements;
  • As a result, the Resolution tends to directly impact on the digital advertising market and influencers ecosystem, by establishing a framework governing the issuance, renewal, amendment, suspension, and revocation of the relevant judicial authorizations;
  • Advertising agencies and brands should carefully assess whether their activities fall within the regulated scenarios, and whether judicial authorization may be required. They should also review their agreements with content creators and internal policies relating to the protection of children and adolescents.
• On the judicial authorization and its regulation:
  • The request for authorization may be filed by the legal guardian or by anyone who demonstrates to have a legitimate interest, provided that, in the latter case, the request is accompanied by a statement of consent from the legal guardians;
  • The request must be filed with sufficient information to allow the analysis of the specific case, including, where applicable, a description of the intended artistic activity, identification of the involved accounts, profiles, channels, and platforms, information on monetization, boosting, advertising, commercial partnerships, and other forms of economic exploitation, the digital exposure history of the child or adolescent, and information on their educational and health status;
  • The Public Prosecutor’s Office must participate in all proceedings involving requests for such authorization;
  • The judicial analysis of the request must be performed on a case-by-case basis, and guided by the best interests of the child or adolescent, considering, among other aspects: (1) their current and historical level of exposure, (2) the nature of the activity, (3) the form of dissemination of the content, and its compatibility with the age and level of development of the child or adolescent, (4) the child and adolescent’s statements on the topic, (5) any indications of pressure, coercion, or undue economic exploitation, as well as (6) vulnerabilities that justify the implementation of additional safeguards;
  • When granting the authorization, the judge must establish the safeguards necessary for the full protection of the child or adolescent, which may include limitations on frequency and hours, measures to protect physical, mental, and emotional health, preservation of school routine, protection of privacy, image, voice, and personal data, and asset protection measures related to the remuneration or income obtained from the authorized activity;
  • The BNAC will, among other purposes, allow verification of the validity and conditions of the permits granted, including traceability, amendments, suspensions, and revocations, as well as an integrated view of the history of decisions relating to the same child or adolescent;
  • Judicial permits issued before the entry into force of the Resolution remain valid until the end of their validity period.

*Art. 34. Providers of information technology products or services shall require their users to obtain a judicial authorization duly issued pursuant to Article 149 of Law No. 8,069, of July 13, 1990, in the case of monetized or boosted content that regularly exploits the image or routine of children or adolescents. §1. If the judicial authorization referred to in the caput is not provided, the provider shall immediately remove the content. §2. The obligation set forth in the caput applies to content whose monetization or boosting by providers of information technology products or services begins within ninety days from the date of publication of this Decree. §3. The Ministry of Justice and Public Security shall act in coordination with the National Council of Justice and the National Council of the Public Prosecutor’s Office to develop rules, procedures, guidelines, and technical solutions to operationalize the provisions of this Article.