O conflito entre o direito de sátira como vertente da liberdade de expressão e o direito à honra e a boa imagem presentes no art. 20 do Código Civil

Abstract

This monographic study aims to analyze and reflect on the conflict between the natural exercise of freedom of expression and the possible violation of the right to honor and good image provided for by the Civil Code and protected by the Federal Constitution. To this end, it initially discusses the doctrinal concepts formulated about the different aspects of the right to honor, as well as the existing framework for freedom of expression. The proposed divergence goes through the doctrinal and causal approach, in the sense of studying and understanding the possible limits to the exercise of freedom of expression, taking care not to operate in a way to improperly censor artistic satirical material, but protecting the very personal rights inherent in being human with life. The presented research verifies the reality of the conflict, leading to the reflection that there will not always be a single alternative for its solution, leaving the case analysis to ponder which right should prevail at each moment. In this perspective, it elaborates certain considerations regarding the protection of the right to honor or the permission to freely exercise the right to satire, bringing the study of concrete cases to evaluate in practice the application of each of them, concluding that there is no hierarchy between the same