Public retraction (and the right to reply) as a means to compensate for non-monetary damages: case law background in Brazil

Abstract

This article is based on the rationale that monetary compensation is insufficient as the sole method for compensating damages. In this sense, the paper analyzes public retraction and the right to reply as hypotheses for full reparation, reflecting on the state of the art in Brazilian scholarship and case law. It seeks a critical view of the main arguments used, in court decisions, for the rejection of public retraction and the right of reply, pointing out practical criteria for the effective implementation of these two types of compensation.