Entre o público e o privado no direito civil-constitucional: uma (re)discussão sobre o espaço da autonomia ético-existencial, intimidade e vida privada

Abstract

The scope of the study is to analyze the processes of redefinition of the limits of the private sphere in face of the expansion of the public sphere and to revisit the fragilities of the beacons constructed around the public-private dichotomy for solution of questions related to the space of the ethical-existencial autonomy, the intimacy and the private life in the in contemporary society. The article involved a bibliographical research and the revision of the most qualified scientific literature concerning the subject. It was verified that the expansion of the welfare state, the process of growth of the public sphere, among other phenomena, are not sufficient to explain the complexity that the indefinition about the limits between the public-private represents to the comprehension and application of fundamental and human rights. A person’s life moves between the public spaces and private environments, but the boundary of the intimacy and the public is established beyond the geographic dimensions or ideological content of the nineteenth and part of the twentieth centuries.