- Conference Article
- 10.56238/seveniiimulti2023-165
The extent of moral damage on social networks: Civil liability for sharing harmful posts
- Aug 26, 2023
- Julia Cipriano Agrizzi + 1 more +1
Personality rights are powers granted by the legal system to protect the fundamental aspects of a person's development, including the biopsychosomatic, moral or spiritual integrity and intellectual integrity of the individual (LIMA NETO; SILVESTRE; HERKENHOFF, 2020, p.11). The protection of the right to life, physical integrity, honor, privacy, as well as the right to demand that society respects these rights, make up the exemplary list of personality rights (BARROSO, 2004, p. 12). All these manifestations of personality are a consequence of the value of human dignity, a constitutional principle that serves as a guideline for determining the list of personality rights in the Brazilian Civil Code. (SCHREIBER, 2014, p. 13) However, freedom of expression is a personality right that is not considered absolute because it can be invoked to justify discriminatory and harmful manifestations of other personality rights. Therefore, when the right to freedom of expression and the right to honor, for example, conflict in a lawsuit, a weighting must be made as to which of the rights in question deserves to be protected, as freedom of expression should not be considered a prima facie right. (BENTIVEGNA, 2019, p. 214)
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