Challenges of liability in family relations social medias and ADR's

Abstract

This article aims to analyze the incidence of civil liability in the Brazilian law regarding family relations, specifically in the exposition of infidelity in social medias, from the perspective of nonfulfillment of marital and cohabiting duties; as well as the limits of parental and the State´s heteronomy in the monitoring of children/students in social media due to the divulgation of intimate third-party content and cyberbullying. The purpose of this study is to pursue whether the traditional instruments used by civil liability, such as repair of damages, have been sufficient and effective in the prevention of injuries and in the resolution of family and social conflicts. Finally, the approach with the use of the appropriate methods of conflict resolution (ADR´s) has been shown to be more adequate for the search of social pacification.