Negligence to the personal rights in social networks

Abstract

This article deals with some key points of Law No. 12.965/2014, officially called the “Internet Civil Framework”, which seeks to protect Internet relations and its implication in the Brazilian legal system, in addition to its practical use in the virtual environment, more specifically, freedom of expression and the right to privacy, in the field of personality rights, on social networks. In addition, the article addresses an emblematic example of the violation of personality rights through social networks, by the influencer Karol Conká, and discusses the civil responsibility of actors in social networks. Therefore, the objective was to establish how Brazilian law, whether in the Criminal and Civil Codes, in the Federal Constitution of 1988 or in the Marco Civil, regulate personal relationships that exist in social networks or even identify whether there is legal protection in relation to personality rights on social media. We sought to verify whether, with this new specific order, in fact the relationships and interactions in this field are properly regulated or whether the current legal order is insufficient. Finally, it was possible to conclude that the current legal norms are insufficient in view of the evolution of technology and the new means of social interaction, to protect the internet user, thus not promoting legal protection in relation to personality rights in social networks. The research was carried out using the qualitative and bibliographic method, and it ended up bringing the understanding of several jurists in the field from books, articles and periodicals, in order to illustrate the problem of insufficient protection of the legal entity in Social Networks.