Tutela Post Mortem dos Direitos da Personalidade nas Redes Sociais

• Autor(a) principal: Moura, Ana Gabriela Braga Procópio de
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/handle/123456789/51408
• topic: Direitos da Personalidade; Família; Post Mortem; Tutela; Redes Sociais; Personality Rights; Social Networks; Family; Tutelage

This paper deals with the subject of post mortem rights protection in the face of excessive disclosure on online social networking information that belongs to deceased people. Since its inception, the internet is evergrowing, as well as omnipresent and omniscient. In this context, the sharing of images, information and comments about deceased people has become increasingly more common, and sometimes it is maleficent to the memory of such people. In contrast, since the dawn of civilization the protection of the human figure from moral offense is sought after, even after death. In the Brazilian Legal System the personality rights are under protection from the Federal Constitution of 1988, and although the personality itself is extinct with the passing of its owner it is certain that it has effects that surpass life. The 2002 Civil Code granted the family post mortem tutelage to the attributes of the deceased person. On the other hand, according to the text of the 1988 Federal Constitution, the dignity of the human person is a cornerstone of the Federative Republic of Brazil, and its protection is given, among other ways, through the recognition of the rights of personality. From this perspective, Law No. 12.965 (otherwise known as Marco Civil da Internet), which among other things deals with the civil liability for offenses against the personality in the virtual environment, must be interpreted from the perspective of human dignity. After all, only then will it be possible to grant and ensure respect for the memory of those who are gone, as well as the dignity of their families and relatives in the hypothetical cases of post mortem transgression to personality rights on social networks.