Responsabilidade civil: dano à honra e à imagem nas plataformas digitais

Abstract

Monograph - Civil Liability: Damage to honor or image on digital platforms. Law Degree Monograph - Pontifical Catholic University of São Paulo, São Paulo, 2025. This monograph explores civil liability for damage to honor and image on digital platforms. Initially, the study contextualizes the concept of civil liability and its assumptions (conduct, damage, and causal link), emphasizing the applicability of moral damage to both individuals and legal entities. The central focus turns to the civil liability regime of application providers for third-party content in cyberspace. The monograph analyzes the incidence of the Consumer Protection Code (CDC) and the objective liability regime established by the General Data Protection Law (LGPD), which treats moral damage as an injury to personality rights. The research delves into the constitutionality of article 19 of the Civil Rights Framework for the Internet (MCI), contrasting the rule of prior judicial order for content removal with the protection of fundamental rights. It concludes that the STF's thesis (Theme 987) recognized the partial unconstitutionality of MCI's Art. 19, establishing the presumed liability of providers in cases of systemic failure and lack of diligence in removing severe and illicit content, which imposes a new duty of care and transparency in the digital environment.