Biografias não autorizadas: uma análise pós-positivista acerca do tema

Abstract

This work, the result of a qualitative research grounded on indirect sources, faces the problem affects the issue of unauthorized biographies on brazilian law. Although the Supreme Court has already spoken out on the subject recently (2014) by ADIN 4815, urges a reflective analysis of the topic, mainly through the perspectives of post-positivism, Neoconstitutionalism and Civil-Constitutional Law. In addition, it seeks to re-reading of the Institute of biographies through the theory of the facts. One can not overlook the issue on unauthorized biographies involves a series of disputes concerning fundamental rights and rights of personality, so that it became necessary to address issues concerning the boundaries between public law and private law. Finally, objective of the present work it is the proposition of some standards, based on the modern concept of privacy in order to direct the affection theme treatment to biographies in national law.