Tutela post mortem dos direitos de personalidade

Abstract

This study addresses the post mortem protection of personality rights. Due to its brief mention in the Civil Code, several issues arise, as well as differing interpretations of Article 71. Although the central theme of this study is, as mentioned, the analysis of post mortem protection of personality rights, a historical contextualization is provided and the concept of personality rights is defined as a starting point for better interpretation and understanding. Article 70 is closely related to Article 71, and in this regard, its examination is equally relevant and indeed essential, as evidenced by the reference from the former to the latter. Upon reaching the core issue, this study reviews the scope of protection of the aforementioned rights, particularly the ones that may (or may not) be safeguarded after the death of the rights holder. It also examines, in detail, who has the legal standing to defend the personality rights of the deceased (de cujus), without overlooking the analysis of the time limit for their due protection. Finally, it explores the mechanisms for enforcing this protection through preventive and mitigating measures, as well as the still-debated issue of civil liability in this context. This research is grounded in an analysis of doctrine, case law, and legislation, all of which are duly referenced throughout this study.

Date of Award	15 Jan 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Isabel Menéres Campos (Supervisor)