A responsabilidade civil por dano moral na era digital: desafios e perspectivas

Abstract

Civil liability is a central theme in Law, with significant historical and social relevance, as it defines when a person must compensate for harm caused to another. With technological advancements, especially in the digital environment, new challenges arise for the legal field, such as regulating liability for moral damages, given that social interactions are increasingly interconnected and influenced by technology. However, despite efforts invested in developing new legislation, such as the Brazilian Internet Framework (Marco Civil da Internet) and the General Data Protection Law (LGPD), legal gaps still exist. These gaps create opportunities for violations of a wide range of individual and collective rights, making the study of civil liability in the digital realm essential, particularly to define actions subject to accountability. Moreover, there is a lack of clarity regarding the boundaries between personality rights and freedom of expression, leading to frequent debates. The growing use of artificial intelligence also poses challenges for holding entities accountable for infractions, such as in cases involving digital face-swapping technologies. These factors underscore the need for an in-depth analysis of civil liability in the digital age, aiming to clarify unresolved issues and adapt the legal system to new realities