Compatibilidade entre os direitos à intimidade e à liberdade de expressão

Abstract

This study aims at demonstrating the need to protect the right to intimacy within Brazilian’s legal system and its compatibility with the right to freedom of speech, this one being the general objective. As a more specific objective, this study focuses on the analysis of fundamental rights and guarantees given to citizens, analyzing concepts such as private life, intimacy, people’s honor and image under the view of constitutional law, in addition to freedom of speech. It has also been studied the principle of human dignity’s influence on the treatment of fundamental rights. Under a Civil viewpoint, we sought to characterize personality rights, their historical evolution, conceptualize person and demonstrate the possibility of applying fundamental rights to legal persons. We carried out a study regarding freedom of speech and freedom of the press, analyzing limitations to the freedom of speech and conflicts involving the right to intimacy. It has been studied the civil responsibility in case of violation of the right to intimacy. Finally, we looked into the judgement of the Ação de Descumprimento de Preceito Fundamental nº 130 which declared that former Law of the Press, Law nº 5.250/67, was not accepted into the new legal system by the Federal Constitution of 1988.