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Cássia Kiss v. Ediouro, Inc.

Extraordinary Appeal 215984-1 (Rio de Janeiro) RE-215984 (2002)

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Cássia Kiss v. Ediouro, Inc.

Brazil Supreme Court
Extraordinary Appeal 215984-1 (Rio de Janeiro) RE-215984 (2002)

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Facts

Ediouro, Inc. (defendant), a magazine publisher, published photos of Cássia Kiss (plaintiff), a famous actress in Brazil. Ediouro did not have Kiss’s permission to publish her image. Kiss sued Ediouro for moral and pecuniary damages for publishing her photos without her authorization. The lower court concluded that although the unauthorized publication of photos called for pecuniary damages, Kiss could not recover moral damages because the publication did not injure her reputation or embarrass her. Kiss filed an extraordinary appeal to the Brazil Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Velloso, J.)

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