Post by account_disabled on Jan 11, 2024 9:24:36 GMT
Lourival J. Santos — I do not see any type of conflict or antagonism between the two principles, which were provided for in the same title of the Constitution. Both are firm principles and enshrine individual and collective rights and guarantees. There are court decisions that highlight the existence of conflicts between the two principles. They understand that the right to personality can curb full freedom of expression and communication. What cannot be used is the use of censorship in freedom of expression. Freedom of expression means freedom without censorship, without barriers. Anyone who disrespects a personality right must be severely punished, but this does not mean that this right can restrict freedom of expression. This apparent conflict must be understood in the historical context that generated the 1988 Constitution.
ConJur — What do you mean by that?
Lourival J. Santos — The Constitution Special Data of 88 was promulgated after we passed AI 5, the most censorious and authoritarian act known in the country's political history. This was the climate that welcomed the promulgation of the Charter of 88, which came as a letter of political freedom, with a somewhat reactive vision. The interpreter may be excessive in valuing personality rights, even due to the political climate that preceded the Charter, but this does not mean that such rights can restrict freedom of expression in the country.
ConJur — In this specific case, can Daniela Cicarelli date on the beach?
Lourival J. Santos — The beach is a public place and not a private environment that the photographer eventually invaded. You cannot prevent a person, famous or not, from dating in a public place.
But this fact cannot be prevented from becoming a scoop. There was a lot of talk that the press was invasive. I don't understand it like that.
ConJur — But doesn't she have the right to charge for the use of her image?
Lourival J. Santos — I understand not. In the Cicarelli case, the fact was journalistic. It is worth highlighting that the press does not just have the right to publish. She has a duty to publish. And it is not a moral duty to publish, it is a legal duty. Because citizens have the sacred right to be informed about all matters of interest to them. Not long ago, Chico Buarque was photographed on a beach in Rio de Janeiro kissing a young woman. If she were an unknown person he would go unnoticed. As he is a famous artist, the press gave him the scoop. The same happened with Cicarelli.
ConJur — What do you mean by that?
Lourival J. Santos — The Constitution Special Data of 88 was promulgated after we passed AI 5, the most censorious and authoritarian act known in the country's political history. This was the climate that welcomed the promulgation of the Charter of 88, which came as a letter of political freedom, with a somewhat reactive vision. The interpreter may be excessive in valuing personality rights, even due to the political climate that preceded the Charter, but this does not mean that such rights can restrict freedom of expression in the country.
ConJur — In this specific case, can Daniela Cicarelli date on the beach?
Lourival J. Santos — The beach is a public place and not a private environment that the photographer eventually invaded. You cannot prevent a person, famous or not, from dating in a public place.
But this fact cannot be prevented from becoming a scoop. There was a lot of talk that the press was invasive. I don't understand it like that.
ConJur — But doesn't she have the right to charge for the use of her image?
Lourival J. Santos — I understand not. In the Cicarelli case, the fact was journalistic. It is worth highlighting that the press does not just have the right to publish. She has a duty to publish. And it is not a moral duty to publish, it is a legal duty. Because citizens have the sacred right to be informed about all matters of interest to them. Not long ago, Chico Buarque was photographed on a beach in Rio de Janeiro kissing a young woman. If she were an unknown person he would go unnoticed. As he is a famous artist, the press gave him the scoop. The same happened with Cicarelli.