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8.
RIGHT TO A GOOD NAME, TO PRIVACY, TO OWN IMAGE
One of the basic codes of the body of law, the Civil Code,
does not guarantee the abusive exercise of rights. In the same manner,
this code sanctions all interference with the privacy of individuals.
Article 1071 specifies: ?The regular exercise of a right or
the fulfillment of a legal obligation cannot constitute as illegal
any act. The law does not protect the misused exercise of rights.
It shall be thus considered in the case of whomever goes against
the objectives of the law or exceeds the limits imposed by good
faith, morals and good manners.?41
Article 1071 bis: ?He who arbitrarily interferes in
someone else?s life by publishing photographs and correspondence,
upsetting others? customs and feelings, or in some way interfering
with their privacy, and provided the acts were not criminal, will
be forced to cease such activities, if he had not previously done
so; and to pay the damages duly stipulated by the judge, according
to circumstances. In addition, the judge may also order, at the
request of the injured party, that the sentence be published in
a newspaper of the location, should this measure be appropriate
for adequate redress.?42
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