ALVES, T. O.; http://lattes.cnpq.br/9539909148170364; ALVES, Tayane Oliveira.
Abstract:
This study aims to debate about the conflict that often exists between two
constitutional principles, which they are the freedom of the press and the right to
privacy. The press, as we know, It has a great influence on society because It
has the power to inform and educate citizens. It should be noted, however, that
this constitutional protection is not unlimited; therefore the right to inform finds
limits in the Federal Constitution and ordinary laws. The right to privacy, in turn, It
is guaranteed by the Magna Letter for that particular elements of anybody life do
not be exposed to the knowledge, thus preserving the intimate sphere of the right
holder. It turns out that, for both principles belonging to the constitutional order,
often there is an apparent conflict of laws, in order to ascertain which one should
prevail. The idea is that the two principles must succeed, without hierarchy of
importance, and using always of reasonableness for respect of the rights
conferred both the one and the other. It has been intended to demonstrate the
extent of the influence of the press activity on society by imposing limits on the
same regarding the interference with the right to privacy of other, and if possible;
in the case of extrapolation of these limits; the emergence of civil responsibility.
Therefore, the method used for the preparation of this work will be the exegetical
juridical that aims to analyze the meaning of the law appropriate to the matter. It
is a bibliographical research because it seized the use of articles, doctrines,
documents and laws related to the subject. The deductive method of approach
will be adopted that starts with general formulations so you can later focus on the
central theme. Finally, It determines that there are many situations in which there
is abuse of media in general, and It regards to human rights and the right of the
population to be well-informed. In addition, It will be punctuated that often
communication professionals act irresponsibly by externalizing materials that flee
from their real function which is to inform clearly and objectively important facts to
the interests of society simply by giving preference to the profit and audience,
that often generates an immeasurable damage to the affected parties.