Os Limites Jurídicos do humor em relação aos direitos da personalidade e a liberdade de expressão.

Abstract

The present work aims to verify the circumstances of a possible limitation to the right of free artistic expression of humor in face of the rights of personality. In this conception, it was sought to demonstrate the treatment given by our legal system and the doctrinaire understanding of the rights of freedom of thought manifestation, of freedom of artistic expression and the protection of individual honor, in order to verify a possible solution to the conflict of fundamental rights, since humor is presented as a peculiar form of exercise of these freedoms and its use constantly collides with the above-mentioned rights. Thus, in the course of the study, a priori, the rights of personality and their general notes were presented, treating in special the right to honor, the right to privacy or intimacy, and the right to image. Subsequently, humor was approached, and its exercise is protected by the constitutional guarantees of freedom of expression, paying special attention to the aspect of artistic freedom of expression. Finally, a study was conducted on the legal antinomy involving freedom of expression and personality rights with a focus on humor, by means of criteria for solving this collision, concluding that, in order to solve the clashes between fundamental rights, it is necessary to perform a much wider interpretation than the ordinary one, in each specific case based on the principle of proportionality, on the technique of ponderation, and on respect for human dignity, so that one prevails over the other. This is a qualitative research, by means of bibliographic review, with a deductive approach.