Abstract

PERUZZO, Renata  and  FACCHINI NETO, Eugênio. CIVIL LIABILITY FOR A THIRD PARTY ACTION: REFLECTIONS ON THE CIVIL LIABILITY OF THE GROUP ADMINISTRATOR IN MESSAGING APPLICATIONS. Revista Internacional CONSINTER de Direito [online]. 2021, n.13, pp.407-428.  Epub Sep 08, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00013.19.

The evolution of social relations brings, among others, the challenge of thinking about the civil liability of the administrator of groups of applications for exchanging messages for the manifestations of its members. In our law, the rule is liability for its own act, with the exception of civil liability for the act of another. Thus, it is necessary to question whether the role of the administrator of message exchange groups is in addition to any of the hypotheses provided for by law. In being positive, which of the exceptions does the message exchange application group administrator fit into? In being negative, one wonders whether there is a duty to moderate the manifestations. Considering both hypotheses, there are limits to this responsibility established, for example, by freedom of expression? Analyzing these questions based on bibliographic research and pertinent jurisprudence, it is concluded that the civil liability of the group administrator of the application group of exchange of messages is by his own, subjective action and does not conflict with freedom of expression. The subject is approached using the dialectical method. With regard to the procedure, bibliographic research on the subject was used, including the analysis of relevant precedents.

Keywords : Tort; Vicarious liability; Direct liability; Whatsapp; Group administrator. Freedom of expression..

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