Aferição de idade e minimização de dados pessoais: os limites jurídicos da proteção infantojuvenil no ECA Digital

Reliable age assurance mechanisms required by Brazil’s Law No. 15,211/2025 and Decree No. 12,880/2026 raise questions beyond the effectiveness of access controls, since procedures designed to protect children and adolescents may also involve the collection, disclosure and retention of their personal data. This article examines the legal limits of such processing under Brazilian law through doctrinal and documentary research drawing on the Digital Child and Adolescent Statute, the General Data Protection Law, CONANDA Resolutions Nos. 245/2024 and 257/2024, publications by Brazil’s data protection authority and Brazilian legal scholarship. It distinguishes verification, estimation and inference of age, considers the allocation of duties among app stores, operating systems and service providers, and addresses the risks associated with documents, biometric data and age signals. It concludes that legal compliance requires reliable methods proportionate to the risks posed by each service, restrictions on data processing, prevention of secondary uses and tracking, and accessible means of contesting an age classification, proposing sufficient age assurance as an interpretative standard for assessing these requirements together.