A colisão de direitos fundamentais nas biografias não autorizadas

Abstract

This study aims to analyze the current interpretation of Articles 20 and 21 of the Civil Code of 2002, which requires the authorization of the biography or their family, if deceased, to publishing biographies. It is observed that the dominant interpretation of such devices is colliding with the freedoms of expression and information. However, the purpose of the above items is to protect the rights to the honor, image, privacy and intimacy. Thus, it is noticed that there is a collision of fundamental rights, because on the one hand, there are personality rights cited, which are fundamental rights, and on the other, those freedoms, which are also fundamental rights. To resolve the collision involving these fundamental rights, it is through this study, the theory of the principles of Robert Alexy, with an emphasis on maximum proportionality.