Responsabilidade civil pela publicação de biografias não autorizadas: (in)aplicabilidade do dano moral in re ipsa na análise da ADI 4815/DF

Abstract

With the judgment of Direct Action of Unconstitutionality number 4815, it was established that prior authorization is no longer necessary for biographical works to be published, what consists of a clear consecration to freedom of expression, but it has also been acknowledged that eventual offense against personality rights will generate a duty of indemnification to the biographer. It turns out that it was not decided how the civil responsibility of authors of unauthorized biographies would occur. In this way, this monograph, aiming to explain whether or not moral damage is presumed in the hypothesis of abuses committed by the author, presents a broad approach to the area of civil responsibility as well as fundamental rights to freedom of expression and information and personality rights, and how to proceed when there is a collision between such precepts. In addition, it was a matter of analyzing, integrally, the aforementioned Direct Action of Unconstitutionality and explaining the institute of moral damages in re ipsa. The work in question had its research based on doctrinal and jurisprudential analyzes and sought, among other purposes, to explore the conflict between the freedoms of expression and information and the rights of the personality and to analyze the possibility of applying moral damages in re ipsa to the as well as its consequences for the freedoms referred to, so that, in the end, it was concluded that the presumed moral damage can be applied in the publication situation of a manifestly false circumstance, but not in the event of disclosure of fact that does not meet to the public interest by being too intimate.