LEITE,A. B. L. V.; LEITE, Anna Beatriz Lopes Viana.
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.
