Right abuse in private relations and its consequences on personality rights

Abstract

Right abuse was innovatively introduced in the Civil Code article 187 in 2002 due to its omission on the Civil Code of 1916. It refers to an institute of high social reach aiming at preventing that the holder of a right explicitly exceeds the social and economical objective of the law. However, whenever this fact occurs, there will be an immediate effect on the personality rights and human being dignity, generating for the victims losses and damages accumulated with moral damages. The study analyzes the fundament of those questions and their incidence on the family and work relations, as well as the extension of the damages produced. Thus, it identifies the incidence of moral damages originated from the irregular use of a right and the decisions taken by the Courts on those questions of great magnitude for contemporary society. Finally, the text analyzes the need for the agents to act in conformity to the axiological rules that imposes moderation, ethics and good faith in the actions practiced by their holders in their social relations environment. After all, according to the ancient Roman proverb, those who use their rights will damage no one.