Ativismo digital do consumidor e o conflito entre a liberdade de expressão e o direito à imagem

Abstract

Consumers affected by vices in the ratio of consumption have used the Internet to voice their dissatisfaction. The placement of complaints on the web can generate damaging the company claimed. This situation brings into conflict the freedom of expression and right to the consumer's perception of the supplier. This study aims to analyze such a collision of fundamental rights. To do so, check the connection between the Internet, digital activism and cyberconsumer. It also examines the case law on exemplary cases. Studies, in addition, the concepts and boundaries of constitutional principles in conflict. Investigates also the configuration of abuse of law in excessive exercise of the right to freedom of expression. Therefore, we adopt the method of deductive approach, treating the assumptions Internet, cyber activism, and consumer cybercitizenship 2.0 and having a complete analysis of the clash between freedom of expression and right to the image. Is adopted, too, the method of historical procedure to outline the emergence and evolution of the elements relevant to the topic. The monographic method of procedure is employed to conceptualize and define the scope of legal institutions involved. This work is divided into two chapters, each subdivided into three topics. From the analysis of the proposed clash concluded that the confrontation resolves itself by applying the principle of proportionality. Can remain configured abuse of law if excessive exercising freedom of expression. In that case, apply to the duty to indemnify and the duty to respond, individually or together. It is the examination of the subject is still very recent and superficial. The judgments were handed down concerning the topic at headquarters injunction, there is even opposing understandings. The question requires careful analysis and detailed the peculiarities involved with regard to the Internet, their characteristics and principles that guide as well as the particularities of the case.