Hermenêutica do Direito Civil constitucional
Interpretation of onstitutional civil law: analysis of the principles of ADI 4815
DOI:
https://doi.org/10.24862/rcdu.v13i2.1576Abstract
ADI means one of the forms of constitutional review, exclusively defended at the federal level by its guardian, the Federal Supreme Court, which authorized through ADI 4815 the possibility of publishing biographies regardless of the person's agreement. This permission generated several divergences, as the wrong publication can damage the image, honor, name, personality and dignity of the human person. The fact is that the aforementioned body allowed the publication of lying or untrue biographies, therefore, the publication of the biography must respect good faith. In this sense, the foundation of the Federal Supreme Court is freedom of expression and the historical importance of biographies, but, if there is a collision with dignity, we defend, in principle, dignity, as this control transmitted abstract provision and reached the erga omnes, and it is existentially important to preponderate this one over those, although it is often proportionately recommendable to think about the case. Therefore, this article disagrees with the Supreme Court.
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