O direito à imagem do preso

Abstract

This paper analyzes the issue concerning the exposure of prisoners through the press. Arises in this situation a collision between the principle of freedom of information and the principle of the right to image, both fundamental rights guaranteed by our Constitution. After a brief evaluation of press freedom and the right to image, it is made the clash between these principles and use of the proportionality principle to solve the case. Departing from the thesis that no principle is absolute, it is believed that the principle of press freedom must prevail in the case proposed in view of several legal passages, as well as the public interest. Finally, the conclusion is that the authorities are responsible for the prisoners that are under their custody in order to preserve their fundamental rights, otherwise failing to take objectively responsibility.