Inexigibilidade de autorização prévia para publicação de biografias: uma análise do voto da ministra Cármen Lúcia na ADI nº 4815 sob a ótica da constitucionalização do Direito Civil.

Abstract

It is an analyzis of the position of the Federal Supreme Court in the Direct Action of Unconstitutionality n. 4815, which dealt with the imbroglio about unauthorized biographies, which declared the unconstitutionality of articles 20 and 21 of the Civil Code, given that the interpretation of these in disharmony with the constitutional precepts presupposed the need for prior authorization of the biographer, or those legitimated at the time of his death or absence, for the publication of the biographical genre. The analysis is made through the lenses of the vote given by the Minister Carmen Lúcia, Rapporteur of the Action that is to say, in front of the reasoning used by the proponent, it was sought to understand how was solved the collision of the fundamental rights related to the issue,which are : freedom of expression and the right to information and the fundamental right to privacy, privacy, image and honor, pacifying, as a consequence, a clash that went beyond the legal sphere. This way, the present research was carried out having as a discussion center the aforementioned vote, seeking to identify the main theoretical and juridical references that guided the construction of its rhetoric. For such, it was sought, through the reconstitution of social and legal tension regarding unauthorized biographies and the provocation of the Courts, to understand how the legal resolution was given to consolidate a necessarily uniform interpretation of civilian articles in conformity with the Federal Constitution of 1988.This way ,it was worked the dialectical method in the study of the different arguments that were confronted in the factual case, as well as the hermeneutical method, in the closer examination of the arguments raised in the vote. There was also extensive bibliographical research, national and international, legislative and jurisprudential. It was held, yet, extensive bibliographical research, national and international, legislative and jurisprudential.