SECOND-ORDER DIGITAL RISKS: Bill 2628/2022 from the perspective of Social Systems Theory

o PL 2628/2022 sob a ótica da Teoria dos Sistemas Sociais

Abstract

The advancement of digital technologies and the centrality of interaction platforms in the daily lives of children and adolescents establish a landscape of risks that challenges traditional models of legal protection. Bill No. 2,628/2022, known as the “Digital ECA,” seeks to update the Brazilian legal framework with the purpose of safeguarding children’s rights in the virtual environment. An analysis of its provisions, in light of Niklas Luhmann’s social systems theory, reveals tensions between algorithmic complexity and the law’s ability to stabilize social expectations. This study examines second-order digital risks, particularly those arising from algorithmic manipulation and behavioral addiction, and problematizes the limits of the legal system in the face of the opacity and mutability of digital architectures. It argues that the effectiveness of protective measures depends not only on the enactment of rules but also on the articulation between state regulation, the responsibility of platforms, and the incorporation of technical mechanisms aimed at mitigating harm. The investigation thus contributes to a critical reflection on the limits and possibilities of law in the context of digital transformations, offering theoretical and practical insights for the debate on the regulation of childhood and adolescence in the network society.