ALGORITHMIC GROOMING AND THE DUTY OF CARE OF DIGITAL PLATFORMS: LEGAL LIABILITY AND COMPREHENSIVE PROTECTION OF THE CHILD IN THE VIRTUAL ENVIRONMENT

Abstract

This article examines the phenomenon of algorithmic grooming and the legal responsibility of digital platforms in protecting children and adolescents within virtual environments. It is based on the premise that the algorithmic society has transformed minors into data sources within the framework of surveillance capitalism, significantly increasing their exposure to systemic risks. Unlike traditional grooming, algorithmic grooming is mediated by recommendation systems that exploit cognitive vulnerabilities through behavioral profiling and automated content curation. The study demonstrates that the Doctrine of Integral Protection and the principle of the best interests of the child require overcoming the notion of platform neutrality, recognizing digital platforms as active agents in content governance. It argues that algorithmic architecture creates foreseeable risks, thereby imposing a legal duty of prevention grounded in the concepts of technological risk and safety by design. The research supports the application of strict civil liability, based on the theory of digital activity risk and consumer protection law, especially in cases involving systemic moderation failures and technological omissions. It also highlights the role of the Brazilian General Data Protection Law (LGPD) in safeguarding minors’ data, as well as its convergence with international regulatory models.The article concludes that platforms must assume enhanced legal responsibility, acting as guarantors of a safe digital environment through the implementation of effective preventive mechanisms.