Os limites da responsabilidade da imprensa no âmbito do direito civil: a imputação do dever de indenizar decorrente da divulgação de notícias com base na jurisprudência do Superior Tribunal de Justiça

Abstract

This study aims to analyze and expose the limits of responsibility of the Brazilian press, according to the jurisprudence of the Brazilian Superior Court of Justice, specifically when opposed to the most violated rights through the dissemination of journalistic articles. At first, through the examination of constitutional doctrine and norms, it was sought to understand the definition of the fundamental rights related to the freedom of the press and the rights of honor, image, and privacy, to then comprehend how the conflict of such rights occurs. In sequence, through the study of the doctrine applied in the Brazilian civil law, it was also sought to analyze the civil liability institution foreseen in the legal norm, in order to understand the forms of restriction to the press activity provided by law. Finally, through the analysis of several legal cases judged by the Brazilian Superior Court of Justice, the most common themes brought by the Brazilian higher court were also studied in the meaning to comprehend how exactly occurs the application of the legal system on real trials. Overall, it was concluded that the preponderance of the press freedom is a viable option on specific cases of violation of the individual’s rights of honor, image, and privacy, provided that the general elements of ethics, objectivity, respect and reasonableness on the journalist's activity are respected, which, otherwise, may attract the intervention of the judiciary by the application of the civil liability institute and the duty to indemnify.