Difficulties of a unitary approach to disgorgement of profits

Abstract

In the light of the Brazilian leading case of disgorgement of profits, as part of compensation in cases of unauthorized use of image, besides moral and material damages, this article addresses the difficulties related to the broadness and heterogeneity of this category, highlighting the need for a nonunitary approach and for a flexible quantification system, taking into account specific parameters, argumentatively explained by the interpreter in its reasoning.