A responsabilização civil por ofensa aos direitos da personalidade nos casos de Exposed nas redes sociais

Abstract

This research aims to understand the possible civil legal repercussions of a new phenomenon on the rise in social networks, incipient of academic production, called exposed: the public exposure of secrets and facts about someone by a third-party user of social networks. The practice has gained notoriety in recent years, especially in the COVID-19 pandemic that, through social distancing, a necessary measure to combat the new virus, imposed a virtualization of personal relationships and a greater availability of Brazilians' time on the Internet. If on one hand the exposed can reflect the freedom of expression guaranteed to all by the Federal Constitution, on the other it can conflict with the personality rights inherent to human dignity. Thus, adopting an exploratory method and bibliographical and jurisprudential research, the work aims to analyze the impact of the exposed on personality rights, especially on the right to intimacy, honor, image and name, and the situations that authorize civil liability of the third party exhibitor and Internet providers. Thus, the work concluded that it is possible to hold the exhibitor responsible, depending on the case in concrete, through a technique of weighting to be used by the Brazilian Judiciary, in addition to the possibility of holding internet providers responsible through objective criteria defined in law.