The constitutional limits of informaton that violates the personality's right, and the internet issue

• Main Authors: Manuel Vinícius Toledo Melo de Gouveia, Luis Gustavo Liberato Tizzo
• Format: Article
• Language: Portuguese
• Published: Universidade Federal da Grande Dourados 2017-02-01
• Series: Revista Videre
• Subjects: Direito à informação. Direito à imagem e à privacidade. Limites.
• Online Access: http://ojs.ufgd.edu.br/index.php/videre/article/view/4770

This Article makes a brief study the limits of the fundamental right to inform and be informed, by means of analysis of doctrinal and jurisprudential material in order to form on the reader a critical sense about the matt er, in order to understand it under the bias of the values that underpin the entire right. For the development of the subject, the work is divided into seven parts; the fi rst deals with the fundamental rights as an initial parameter to set the limits. The second part deals with the rights of personality, in search of the strengthening of the limits. Then it approaches on the principle of freedom, for, in a fourth time, working with the dignity of the human person as a value to be observed. Aft er these moments, the introductory Article joins specifi cally on this, using the components before brought to study the rights to information, image and privacy, as well as the legal consequences for violation of the last two. Bearing in mind that if you want to work with the exercise of rights on the internet, be pertinent to the subject matt er covered, devotes himself to the sixth topic to examine the responsibility of sites hosts by displaying information off ensive, commenting also on the Law 12,737 /2012. Finally, the seventh topic appends the vision practice brought in previous topics and theory originated from the beginning, the vision of doctrinaire solution of confl icts by means of the criteria of reasonableness and proportionality.