A notificação extrajudicial como instrumento de censura: estudo de caso “Wepink” e Karen Bachini

Abstract

The objective of this study is to analyze freedom of expression within the Brazilian legal system, the phenomenon of private censorship in the digital age, and the role of extrajudicial notifications in this context. The methodology adopted is based on a literature review and documentary research, encompassing legal scholarship, legislation, and case law, applied to the case study of the extrajudicial conflict between the brand WePink and the influencer Karen Bachini. The research legally examined the case documents, contrasting the arguments of brand protection and unfair competition with the constitutional guarantees of free speech. The results demonstrate that the company's strategy sought to inhibit public scrutiny regarding the quality of consumer products, generating the so-called chilling effect. It is concluded that the use of the extrajudicial notification, in this context, constituted an abuse of rights as defined in Article 187 of the Civil Code, exceeding the limits of objective good faith and acting as a tool of intimidation against the right to information.