Tutela específica dos direitos de personalidades.


IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia




This dissertation aims essentially to examine the specific protection of the rights of personality, legitimized by the Article 12 of the Civil Code, by the Article 461 of the Brazilian Civil Procedure Code and the Article 1, Item III of the Federal Constitution. In order to do this, it was necessary to face some preliminary issues. The first step to be taken comprehends aspects related to the right of personality and its relation with the new systematic of the civil constitutional law. Subsequently, it will be verified the aspects of the many procedural techniques or measures aimed at attaining effective protection of the personality rights, by obtaining a specific protection of such rights. Another situation addressed here concerns the jurisdictional protection and its several meanings. Afterwards, it is shown that the specific protection should be prioritized and the refunding protection applied secondarily. Finally, it will be examined the forms of protection allowed in the protection of the very personal rights, in the presence of the innovations introduced by the Article 12 of the Civil Code of 2002, hosted by the Article 461 of the Civil Procedure Code. This research concludes electing the suitability of the specific protection for the cases of decisions which enshrine the rights of personality of non-property nature in its three kinds: inhibitory protection, trusteeship protection and refunding protection in the specific form.


subjective fundamental rights. protection of rights rights of personality direitos fundamentais subjetivos dignidade da pessoa humana técnicas processuais tutela específica tutela dos direitos direitos da personalidade direito procedural techniques specific protection human dignity

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