COLISÃO DE DIREITOS: A LIBERDADE DE IMPRENSA E OS DIREITOS DA PERSONALIDADE DE CRIANÇAS E ADOLESCENTES / COLLISION OF RIGHTS: FREEDOM OF THE PRESS AND RIGHTS OF PERSONALITY OF CHILDREN AND ADOLESCENTS

Autor: Rômulo Magalhães Fernandes
Jazyk: portugalština
Rok vydání: 2016
Předmět:
Zdroj: Revista Direito e Liberdade, Vol 18, Iss 3, Pp 257-293 (2016)
ISSN: 2177-1758
1809-3280
Popis: This paper discusses the recurring theme of the collision of fundamental rights, in particular the rights of the personality of people in development and press freedom. In the current Brazilian scenario, where the mass media gains centrality in shaping and dissemination of information in the country, it is perceived by some mass media, the daily practice of exploring the use of the image of children and adolescents, in which they are exposed to vexatious and embarrassing situations. With no claim to suppress freedom of the press for the rights of children and adolescents, or vice versa, this article aims to deepen the solution of conflicts between those rights guaranteed in the Constitution of 1988. For this purpose, it is adopted as a method to resolve this conflict the weighting of property and assets from the application of the principle of proportionality in this case. In this sense, there are the doctrinal contributions of Robert Alexy and Ronald Dworkin and the study of decisions of the Supreme Court (STF).
Databáze: OpenAIRE