O fenômeno do exposed: os direitos da personalidade e a (ir)responsabilidade civil dos usuários e redes sociais

Abstract

This research aims to deepen the understanding of the civil legal implications related to an emerging phenomenon on social networks, known as Exposed - the public exposure of secrets and information about a person by a third party user of these platforms. The phenomenon has gained prominence in recent years, due to the increasing virtualization of personal interactions. Although Exposed may, initially, reflect the freedom of expression guaranteed by the Federal Constitution, it may also conflict with the personality rights inherent to the dignity of the human person. By adopting an exploratory approach, using bibliographical and documentary research, an analysis of the impact of Exposeds on personality rights, in particular the right to privacy, honor and image, is carried out. In addition, the circumstances that justify the civil liability of the third party exhibitor and internet providers are examined. The results obtained demonstrate that holding the exhibitor accountable is viable, depending on the specific circumstances of the case, through a balancing technique to be used by the Brazilian Judiciary. Additionally, the work highlights the possibility of holding internet providers accountable based on objective criteria established by law, as well as the insufficiency - or ineffectiveness - of regulations regarding this liability.