The right of reply, the publication of condemnatory sentence and the compensation for moral damages: commentary on Special Appeal 1,771,866/DF

Abstract

The right of reply as well as the publication of a condemnatory sentence in media have been traditionally established under Brazilian Law 5,250/1967 and later repealed by the Brazilian Supreme Court, during the ruling of a constitutional case – ADPF 130 – in 2009. As a result of that ruling, the only reference for the right of reply in the legal system was to be found under Article 5, Section V of the Brazilian Constitution until 2015, when Law 13,188 was enacted in order to regulate the right of reply. As for the publication of sentences, none have remained. In this sense, the analysed case has originated from a time when neither the right of reply nor the publication of a condemnatory sentence in media were referenced in ordinary legislation. In order to rule the case, the Brazilian Superior Court of Justice has invoked the Civil Code and basic concepts regarding torts and law of obligations. Such ruling, as a precedent, indicates a change in interpretation by the Third Chamber of Brazilian Superior Court of Justice regarding the legal ground for the publication of condemnatory sentences.