FREEDOM OF INFORMATION AND EXPRESSION: REFLECTION ON UNAUTHORIZED BIOGRAPHIES

Authors

DOI:

https://doi.org/10.5380/rfdufpr.v61i2.46157

Keywords:

Unauthorized biographies. Freedom of expression. Compensable damage. Balancing principles.

Abstract

This article aims to present a reflection on the functional interpretation of the articles 20 and 21 of the Brazilian Civil Code, based on the decision of the Supreme Federal Court in the judgment of the ADI 4.815/DF, which has rejected the requirement of prior authorization for publication of biographies. Firstly, it examines the literal interpretation of the provisions under discussion, which constitutes an undue burden on the fundamental right to freedom of expression, precisely according to the conception of privacy as a dynamic bilateral right. Moreover, it states the inadequacy of the patrimonial logic contained in the infra-constitutional norm in question, concerned exclusively with the economic consequences of the right of publicity, at the expense of quality and informative function of the biographies. Finally, it proposes the balancing of principles, so that the judge can make, a posteriori, in each particular case, the correct approach identifying and repelling the damages.

Author Biography

Gustavo Tepedino, Universidade do Estado do Rio de Janeiro

Professor Titular de Direito Civil da Faculdade de Direito da Universidade do Estado do Rio de Janeiro – UERJ (Rio de Janeiro, RJ, Brasil).

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Published

2016-08-23

How to Cite

Tepedino, G. (2016). FREEDOM OF INFORMATION AND EXPRESSION: REFLECTION ON UNAUTHORIZED BIOGRAPHIES. Revista Da Faculdade De Direito UFPR, 61(2), 25 – 40. https://doi.org/10.5380/rfdufpr.v61i2.46157

Issue

Vol. 61 No. 2 (2016)

Section

Artigos

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