Os direitos da personalidade, em especial a liberdade de expressão, sob a perspectiva do fenômeno social kidult e seus reflexos no dano moral e para a empresa

Abstract

The present study aims to identify how the characteristics of a specific category of individuals, known as kidult can influence personality rights, freedom of expression, and the recognition and extent of moral damages, as well as their implications for businesses. To achieve this objective, the study presents the defining elements of both kidult and personality rights, describing those outlined in the Civil Law. Subsequently, notions related to moral damages and their reparability, including those concerning businesses, are discussed. The content of freedom of expression is analyzed due to its relevance to the Democratic State and its frequent role as a medium for violating personality rights. The study presents its concept, regulation, and manifestation in the Constitutions of Brazil. The limits to freedom of expression are examined, differentiating the American system from the European one, and considerations are made regarding the national contours of freedom of expression, specifically addressing anonymity, inviolability of conscience and religious belief, privacy, private life, honor, and image, as well as the prohibition of hate speech, ideas contrary to constitutional order, the democratic state, and fake news, with an interpretation provided by the Supreme Court. Finally, an analysis is conducted on the interrelation between kidult, personality rights, hate speech, and cancel culture, along with the consequences suffered by businesses, as well as the implications for the recognition and grading of moral damages, not only for natural persons but also for businesses. Additionally, criteria for quantifying moral damages are proposed, considering both the influence of kidult and the impacts on businesses, to ensure a foundation with a higher degree of scientific rigor, based on constitutional values, rights, and principles.