A hole in the news: about non-pecuniary losses and their connections with the new law about reply´s right

Authors

  • Felipe Varela Caon Universidade Federal de Pernambuco
  • Fabíola Lôbo

DOI:

https://doi.org/10.18316/redes.v6i1.3838

Keywords:

Freedom of Speech, Civil Liability, Right of Reply.

Abstract

Given the absence of objective criteria that define the limits of freedom of speech by media vehicles this article aims to show, from the analysis of results of two paradigmatic rulings, the parameters used by the Federal Supreme Court to address the issue indicating the legal consequences arising from the dissemination, publication or transmission of journalistic material that exceeds such referencials. It also deals with the function of civil reparation, the change of its focus from the offender to the victim, its structural reflexes, and points to the instrument of non-pecuniary reparation, reaffirmed by the Law of the right of reply, as a measure that favors private law repersonalization.

Author Biographies

Felipe Varela Caon, Universidade Federal de Pernambuco

Advogado, pós-graduado em direito civil e empresarial e mestrando em direito privado, ambos pela Universidade Federal de Pernambuco

Fabíola Lôbo

Professora do Departamento de Direito Privado do CCJ/UFPE. Professora dos Cursos de Mestrado e Doutorado do CCJ/UFPE. Mestre e doutora em direito pela Universidade Federal de Pernambuco.

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Published

2018-05-29

Issue

Vol. 6 No. 1 (2018)

Section

Articles

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