A liberdade de imprensa em confronto ao direito à privacidade e a possibilidade de reparação do dano moral.

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.