Judicial authorization for filming with minors: when it’s required and how to obtain it

The participation of children and adolescents in audiovisual productions often requires judicial authorization for filming with minors, as established by the Brazilian Child and Adolescent Statute (ECA).

But when is this judicial authorization mandatory? How does the process work? What are the risks of failing to comply with this requirement? In this article, Coletta Rodrigues Advogados outlines the key aspects of the topic and advises production companies and agencies on how to protect themselves legally.

When is judicial authorization for filming with a minor required?

Under Article 149 of the ECA, the participation of minors in artistic, cultural, or entertainment activities, even when accompanied by their parents or legal guardians, is subject to prior judicial authorization. This includes:

• Audiovisual productions (films, series, advertising videos)
• TV and radio programs
• Theatrical performances
• Public events featuring a minor in a prominent role

In practice, it is strongly recommended that any participation of children or adolescents in works intended for the general public be subject to judicial review, regardless of its duration or whether it takes place in a setting supervised by parents. Exceptions to this rule are rare and must be assessed individually.

What are the risks of filming minors without judicial authorization?

Filming, recording, or exhibiting minors without judicial authorization may result in fines ranging from three to twenty times the monthly minimum wage per minor involved, as well as possible suspension of the producer’s activities in cases of repeated violations.

If the Public Prosecutor’s Office becomes aware of the violation, whether through direct inspection or third-party reports, it may initiate enforcement measures. Beyond legal consequences, the absence of authorization can cause significant reputational damage to the brands and companies involved in the production.

Recent cases, such as those involving social media influencers penalized for failing to obtain judicial authorization, demonstrate the growing scrutiny of the matter and reinforce the importance of strict compliance with the law.

How does the process for obtaining judicial authorization work?

The process begins with the filing of a specific legal action by the production company or the entity responsible for the filming. The petition must include:

• A detailed description of the production, including dates, location, and nature of the work
• Written consent from the parents or legal guardians
• Safety certificates or technical reports, such as the Fire Department Inspection Certificate (AVCB), when applicable
• Proof that the activity poses no physical or psychological risk to the minor

The request is first reviewed by the Public Prosecutor’s Office and then submitted to the judge, who will decide whether to grant authorization. If approved, the court issues a Judicial Authorization specifying the conditions and limits for the minor’s participation.

Even when filming takes place in the minor’s home under direct parental supervision, courts have consistently upheld the need for formal authorization, including during exceptional circumstances such as the pandemic.

How long does it take to obtain judicial authorization?

Although there is no statutory deadline, in practice the process is generally completed within 30 days. This period may vary depending on the jurisdiction and the complexity of the production. For this reason, companies should plan ahead and rely on specialized legal counsel to expedite proceedings and avoid production delays.

What could lead a judge to deny authorization?

Even with parental consent, the court may deny authorization if it determines that the activity poses risks to the child’s or adolescent’s health, safety, or well-being. Common reasons for denial include:

• Inappropriate content (violence, sexuality, offensive language)
• Lack of adequate technical conditions at the filming location
• Incomplete documentation or inconsistencies in the information provided

Legal assistance for obtaining judicial authorization

Applying for judicial authorization requires technical expertise and close attention to detail, as certain omissions or errors can prevent or delay approval. Companies in the audiovisual, entertainment, and advertising sectors should consult an attorney experienced in this area, who can guide them in gathering the required documentation and presenting the petition in a manner that maximizes the chances of success.

Coletta Rodrigues Advogados specializes in entertainment law, assisting production companies, advertising agencies, and media companies in obtaining judicial authorizations for filming with minors, ensuring legal compliance and security at every stage of production.