Inhibitory and remedial tutelage as important procedural tools for the protection of personality rights in contemporary

Abstract

This study deals with guardianships for the protection of personality rights. The objective is to study and understand the characteristics of the civil procedural mechanisms set out in the Brazilian legal system, with emphasis in this study on injunctive relief and compensatory relief. It is based on the premise that today's society experiences new cultural aspects at every moment, as well as that personality rights have numerous particularities that need to be understood and, furthermore, that there is a clear difficulty in the effective judicial protection of personality rights. The protection of personality rights is not limited only to protection in life, but also extends to post-mortem protection, as is the case with the protection and enjoyment of copyrights, whether with regard to moral aspects or pecuniary aspects, as well as the protection of one's own body, the honor of the memory of the deceased. Using the deductive method, information was sought in books, scientific articles, judgments and national and foreign legal diplomas. The results of the study indicate that, even in many cases it is not feasible to fully restore the state prior to the illicit act committed, injunctive protection and compensatory protection can be effective for the protection of personality rights, and it is even possible to combine the measures, depending on the factual situation. Nevertheless, it was found that the Brazilian legal system has evolved with regard to establishing compensation for moral damage experienced by the right holder, however, the issue is still extremely delicate in forensic practice, especially considering the protection of personality rights