MACEDO, R. M. G.; http://lattes.cnpq.br/6145820656054196; MACEDO, Rhuana Malena Gomes.
Resumo:
It’s imperative to say that the human being every time that realizes that its patrimony
is in danger tries to protect it. This search, that consist in the attempt to prevent the
occurrence of some damage to its patrimony or the repair of the prejudice already
configured, culminated in the institute of civil responsibility, that just like the law it’s in
continuous phase of development to adjust itself to society transformations.
Therefore, it’s possible to realize that the civil responsibility emerges from the
achievement of humans activities as consequence of its acts. Due this characteristic,
the institute has presented expressive grown in the modern law, reflecting in the
human activities, and also in the vertiginous technological advancement, that is
capable of generating huge dangers to the human integrity. Based on the above
considerations, the present paper aims to analyze the effective repair of the morals
damages as a consequence of posts in the internet due by the abuses committed
online and the violation of personal rights, as well extract thee conclusion about the
real responsible for such repair, emphasizing the importance of the internet and the
implementation of the Law 12.965 of 2014. Thus, trying to reach this objectives, it
was used the deductive method as approach method, the evolutionary history, the
monographic and the functionalist as procedure methods, and as research technique
the theoretical, that will be through direct documentation based in the bibliographic
review, where it was used doctrines, legislations, scientific articles and jurisprudence
as a way to support and ground the objective approach; and alternatively, the indirect
documentation, in especial in the analyze of Court decisions that involves the request
a compensation by morals damages, looking for the responsible imputed and the
objective and subjective criteria used, as well the legal foundation. Like this, its
possible to understand that is necessary the concrete repair for the morals damages
committed in the internet through posts of offensive nature that violate the personal
rights, as well the identification of the real responsible for such repair and its
consequent civil accountability.