Conflito entre princípios à luz do modelo de ponderação de Robert Alexy - Análise da técnica de ponderação para solução de conflitos entre liberdade de expressão de direito à honra

Abstract

The purpose of this paper is the collision of principles between the right to freedom of expression and the right to honor, based on Robert Alexy 's theory of principles. Initially, the theme of the rights in question, its application in the Brazilian legal system and its tutelage will be approached. Subsequently, the theory of rules and principles proposed by the author will be explained, then the conflict between these rights will be analyzed, in order to demonstrate the use of the weighting technique as an appropriate and proportional solution to the collision of these rights. Therefore, the purpose is to arrive at this solution without prejudice to the legal system and the current Constitution.