A tutela jurídica do direito fundamental à privacidade e a necessidade de atuação jurisdicional do estado: uma análise do conflito entre o público e o privado

Abstract

Privacy is a fundamental right widely guaranteed in most of the countries. In Brazil, it’s guaranteed at the Federal Constitution of 1988 and in several other laws of the national legal order according to their purposes. The Brazilian Judiciary has, over the years, faced a series of issues that confront the right to privacy with the public interest. The last one can be considered as the right of the collectivity to have access to certain information that, at first, would be only of someone’s particular interest. This conflict culminates in a collision among fundamental rights of different species. The present monograph has the purpose of studying the privacy’s protection in Brazil with bibliographic researches and the Judiciary’s actions in practical cases (jurisprudence) involving the conflict between the right to privacy and the public interest. Although it's possible to observe the prevalence of the public over the private, it's necessary to pay attention to a proper application of interpretation techniques (hermeneutics) by judges in judicial decisions when there is a collision among fundamental rights as well as the best way to assure the principle of human dignity.