Recurso special. Action for indenisation for non-material damage and infringement of the right to image. Unauthorised publication of the photo and name of the author accompanying the victim of assault, resulting in death, committed by ‘skinheads’ for homophobic motivation. Complaint of infringement of Article 535 of the Code of Civil Procedure rejected. Judgment that it dismissed the claim for indenisation for non-material damage, but condemned for improper use of the image. Allegation of infringement of Article 460 of the Code of Civil Procedure rejected. Monetary correction incident from the date on which the value of the indenisation is fixed. Failure to indicate the device infringed. Summary 284 of the STJ. Improvised special appeal.