Liability in Internet: proposition for legal treatment / Responsabilidade civil na Internet: uma defesa de sua sistematização
AUTOR(ES)
José Horácio Halfeld Rezende Ribeiro
DATA DE PUBLICAÇÃO
2006
RESUMO
The use of the Internet revolutionized the society when providing the access to the information and to approach people. Of this form, time and money had gained another dimension, what, at a first moment, cause, still, the dazzle of the users. In this revolutionary context of net, problems appear of high complexity that threaten the security of the users, and the proper system. To leave of this necessary search for the security, the great related legal questions emerge, at a first moment, with the premise of freedom of the Internet. Who has the power of regulating, ability to judge, which the applicable norms, which the form and action limits of a busy and vacated space without order? The absence of control and the anonymity had also been two propeller springs of the development of the Internet, protecting to the privacy of the human being. But, they had provided to an interesting environment for torts, because of the difficult of the identification. In spite of the quick look on the regulation of the Internet, the traditional system of liability is hardly studied under the angle of this new reality. New facts and values demonstrate the necessity of new norms, supported in the three-dimensional theory of Miguel Reale. The protection of the society, as form of protection of the proper individual, is value debated for sciences human beings, reflecting in an increasing objective liability. However, the peculiarity of the Internet reveals incompatible with the effort of fulfilling of legal gaps. The study of the economic analysis, and the theory of the confidence it results in a proposition for the legal treatment for the Internet
ASSUNTO(S)
direito civil liability internet -- leis e legislacao -- brasil responsabilidade civil responsabilidade (direito) -- brasil e-mail internet
