Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, whose image had been used without consent in alcoholic drinks advertising by a commercial establishment, appealed against the Supreme Court judgment overturning the compensation awarded at first instance for lack of proof of damage. The Court allowed the appeal, holding that capturing and displaying her image without consent in itself breaches the right to one's image under Article 32 of the Constitution, while finding the USD 200,000 award excessive, indicating a proportionate range and remitting the case.
Decision
Appeal allowed
Type of proceedings
Extraordinary appeal on grounds of unconstitutionality (Recurso Extraordinário de Inconstitucionalidade)
Full text
The judgment is published in Portuguese only, and only the Portuguese text is authentic. Read the judgment in Portuguese or download the official PDF.