INFORMATION AND CENSORSHIP IN COLLISION BETWEEN FUNDAMENTAL AND PERSONALITY RIGHTS

ANALYZING STF JUDGEMENTS

Abstract

The scope of this study is to understand the delimitation of the fundamental right to freedom of expression, information and communication alongside other fundamental and personality rights such as privacy and intimacy. It is pertinent, based on contemporary events in which essencial rights of person are violated, to analyze concrete cases in order to verify the position of the Federal Supreme Court, when limitations are necessary, to ensure legal solutions to clashes between rights that are equally protected in the Brazilian legal system. In light of the brevity of the theme addressed here, it should be noted that the research is developed through a qualitative approach, the method used is deductive, in addition to the bibliographic method, which consists of bibliographic and documentary research of doctrinal works, pertinent national and international legislation as basic instruments of research, jurisprudence and electronic documents. Regarding procedural methods, the historical, comparative and hermeneutic methods are used. Through the analysis of judgments, it is possible to demonstrate that, although freedom of expression does not always prevail, it is given greater importance in the Rule of Law, on the basis of subsequently sanctioning abuses for its improper use.