Liberdade de expressão versus privacidade nas redes sociais

Abstract

This paper addresses the possible limits of freedom of expression, which although it finds constitutional foundation in Article 5, IV and IX of the Constitution Federal is continually in tension with personality rights such as honor, privacy, intimacy and image which, in turn, in addition to being provided for constitutionally, in art. 5, V and X of the Federal Constitution, are supported by the normative principle of the dignity of the human person (1st, III of the Constitution) considered by some as the general clause of hermeneutics and textually recognized as foundation of the democratic rule of law. Recognition in the best doctrine national law that there is no a priori absolute right, and the affirmation of inexistence of concrete limits for both poles of this conflict of norms fundamental makes necessary the concrete analysis of cases and judgments that in national jurisprudence has been tracing the lines of the “chain romance” that implements criteria and possible limits to freedom of expression by establishing standards and rules restricting the indiscriminate use of free speech. the advent of new information technologies make the conflict more acute and demand solutions and objective answers that, along with the recognition of the opening of new parameters, already allows recognizing the need to exclude posts that make use of the dear principle of freedom of expression abnormally or irregularly. The absence of setting restrictions, parameters and criteria that recognize the abuse of the right, in the manifestation of thought and expression allows in concrete the freedom intended turns against itself in the form of a toleration of acts and expressions intolerable, and shielded by the generic argument of a constitutionality erroneously absolute would allow the practice of illicit acts, which in the end are the reverse of what is intended to be protected and takes the form of unlawful acts. Based on the norms that the Marco Civil da Internet and the General Law for the Protection of Data bring, as well as in Karl Popper's proposal on the paradoxes of democracy, freedom and tolerance, the present work intends to contribute to the debate on the issue of civil liability and free expression on the internet, with emphasis on digital social media platforms in order to recognize the need to opposing freedom of expression, guidelines that guarantee dignity and respect for personality rights endowed with equal fundamental force. the method of research to be adopted will be the bibliographic research