Os efeitos contratuais perante terceiros nas redes sociais sob a perspectiva dos direitos da personalidade

Abstract

This present study examines the contractual effects against third parties in the social networks in front of the rights of personality perspective. It approaches the mainly aspects of the history of information society, internet and social networks. It deals with the rights of personality concepts, especially about privacy and intimacy. This study enters into the analysis of contracts instruments, which regulates the relation between the social networks and users. The general theory of contracts is recovered, especially in front of the civil – constitutional perspective, which the mainly pleas are the good faith, the social contract role and the human dignity preservation. The third party is analyzed as a participant of the contract relationship, once its rights of personality are breached. This study examines who is responsible of the breach of the rights of personality from third parties in front of the doctrine and jurisprudence. It is concluded that the social networks are responsible for damages in front of the activity risk theory and in order to its profits accrued