A responsabilidade do mantenedor do site em caso de dano moral praticado em redes sociais.

Abstract

Due to the absence of specific legislation, the responsabilization of websites’ maintainer in events of damage practiced in social networks has become a controversial matter of understanding for the doctrine and jurisprudence. There is a wide disagreement about what theory of responsibility has to be applied. If objective, the maintainer shall be liable independently of proof of guilt, on the grounds that the publication of offensive content in social media is risk inherent in this business activity. If subjective, the content provider will only be blamed in cases where he stay absent in the immediate exclusion of the content morally harmful, when the withdrawal is being claimed by the victim or those eligible, in which respond in solidarity with the author's damage as a result of its inertia. However, to discover the placement majority applied in national courts as matter, it is first necessary a historical analysis of the development of communication’s technologies, especially the Internet and computer science, as well as its importance in expanding access to information. The general objective sought in the work is to understand the new paradigms civil legal guardianship of intimacy, accountability of causing such damage on social networks. Specifically aims to analyze the institution of civil liability in the information society, as well as the responsibility of the site in case of damage. The research method employed is an deductive, based on a major premise for a specific. For this, we adopted a documentary research with analysis of laws, judgments, jurisprudential understandings and doctrinal through books, magazines, papers, statistics and websites. As the research result, we conclude for the maintainer’s subjective liability in the event of damage practiced in social networks, with the observance of, if its proven negligence, respond in solidarity with the causer by inertia.