Image Right Petition

Image Right Petition EXCELLENT MISSION DOCTOR JUDGE OF LAW OF THE NINTH VARA OF THE FAMILIES AND SUCCESSES OF THE COMMARCH OF THE CITY OF SÃO PAULO / SP. Mauricio José da Silva, Brazilian, single, social worker, CPF nº. 013.000.00-30 resident and domiciled at rua josé guilherme da silva, nº, maria alice park, são paulo / sp, zip code 04932-200, before your Excellency, through your signatory lawyer, propose an OBLIGATION ACTION TO DO C / C INDEMNITY FOR IMPROPER USE OF IMAGE, against Edilene Maria da Silva, Brazilian, widow, dollar and pensioner, CPF nº 694.000.00-84, domiciled at Rua Antonio de Pina, Parque Alice Alice, São Paulo / SP for the facts and grounds that goes on to expose: 1. THE FACTS Mrs. Edilene Maria da Silva, who is an inventor in the process of no. 00977427-77.2002.8.26.0100 and incident no. 007863-03.2020.9.26.0100 paralyzed for another 15 years due to the inherent process of removing the inventory from the present author. Come to your presence to request payment for moral indemnity because 5 photos of me were published with the intention of disqualifying my person and image socially and civilly since the author and lawyer want to make others believe and anyone who may be interested in my emotional and mental condition demonstrating through the same photos wanting to produce an effect of supposed instability and fragility to assume the condition of Inventorian again to confuse the purpose of inertia for, more than 15 years in the process that I move against it to photos and texts is on page 45 to 49 of said process 2. THE LAW The use of the author's image by the defendant is not preceded by any type of authorization, of any nature whatsoever. It is also clear, the bias of social and moral disqualification of the use of the image, since Mrs. and her lawyer want to obtain the victory in the process that moves for the removal of inventory and accountability in the. 189704-37.2019.8.26.0100 Item X, of article 5, of the CF / 88, prohibits the use of the image of any person without consent, as it turns out: Art. 5 All are equal before the law, without distinction of any kind, guaranteeing to Brazilians and foreigners residing in the country the inviolability of the right to life, freedom, equality, security and property, in the following terms: X - intimacy, private life, honor and people's image are inviolable, the right to compensation for material or moral damage resulting from their violation being ensured; Still, the 403 of the STJ provides that the loss of the part that has an image disclosed without authorization is presumed, in the following terms: Summary 403. The indemnity for the unauthorized publication of a person's image for economic or commercial purposes is independent of proof of the damage. Thus, it is necessary to prove only the improper use of the image for commercial purposes, which is done with the screen prints attached to the present action and testimony of witnesses. The judiciary has understood the minimum amount of R $ 2,000.00 as an indemnity amount, reaching up to R $ 3,000.00, according to the decisions listed below. unnamed resource. indemnity action for material and moral damages. misuse of image. absence of authorization from the author. proven copyright infringement. incidence of the summary 403 of the stj. publication that configures to act illicitly. moral damages configured. quantitative indemnity arbitrated at R $ 3,000.00 which does not include an increase, as according to the parameters used by civil appeals groups in the judgment of similar cases, the amount being adequate for the compensatory, punitive and pedagogical purposes. innocent material damage. sentence maintained. devoid of appeal. Named Appeal No. 71008287625 (CNJ No.: 0087001-03.2018.8.21.9000). Porto Alegre District. unnamed resource. indemnity action. image rights. author who published pictures of her on a social network to exhibit clothes sold in her store. defendant who used the photographs to sponsor its sales. absent authorization from the plaintiff for the defendant to use the photos. misuse of the image. non-characterized material damage. expenses with the photos that would exist anyway. cache order that is incompatible with request to delete images. absent contract between the parties. defendant's obligation to delete photos from their online pages. configured moral damage. summary no. 403 of the stj. quantitative indemnity arbitrated at R $ 2,000.00. resource provided in part. Named Appeal No. 71008135022 (CNJ No.: 0071741-80.2018.8.21.9000). Porto Alegre District. The cause is the amount of 10,000.00 (reais) For your approval, Sao Paulo-SP Mauricio J. da Silva - Social Worker and Elderly Caregiver