Da responsabilidade civil decorrente das ofensas aos direitos de personalidade no âmbito virtual

Abstract

On the present day, people are much more connected to the internet, having access to a huge amount of information and even making relationships with individuals from distant places. In consequence of this environment brought by the internet, challenges unfold on the field of the protection of personality rights, since they’re also exposed to threads in the digital world. In light of that, this thesis aims to analyze the protection of personality rights on the context of the internet, particularly in the social networks, observing how, in case of a civil wrong that harms these rights, a remedy can be enforced. To achieve that, firstly, a study of the personality rights, its definition and characteristics, in addition to which types of civil remedy are available, is made. Furthermore, one of the challenges on the application of civil liability online, the issue of anonymity, is brought, showing how it happens on the web, its relation with privacy, what is the method used currently to elude that and how the law of foreign countries who inspires Brazil perceive it. Finally, it was listed a series of solutions proposed by politics until now. The last section of the paper address Brazilian Civil Rights Framework for the Internet, discussing the principles and peculiarities plus how the protection of the personality rights is addressed in the light of it. In conclusion, a brief comparation between the Brazilian Civil Rights Framework for the Internet and the General Personal Data Protection Law is made. Aiming to demonstrate how the Brazilian law has been seeking for improvement for solving the conflicts even in front of the new challenges that stands on this new world.