The conflict between the fundamental rights to privacy and information in the direct unconstitutionality action nº 4,815/DF: the case of unauthorized biographies Emerson Affonso da Costa Moura, Danilo Ferreira Taveira de Carvalho Oliveira

Abstract

The definition of criteria to assist in resolving the conflict between the fundamental rights to privacy and information, within the scope of direct unconstitutionality action No. 4,815/DF, is the topic put up for debate, based on the analysis of the effectiveness of fundamental rights in the legal order -constitutional after Brazilian redemocratization and the method of resolving its conflicts, the analysis of the role of the constitutional court in the protection of constitutional and democratic values, the verification of the tension of the aforementioned rights in the issue of publishing unauthorized biographies, the resolution models of conflict and, finally, the proposition of standards for the optimized application of fundamental rights in the aforementioned specific case. It is intended to demonstrate that although the understanding of the non-existence of an axiological hierarchy between the fundamental rights in conflict is adopted, the right to information will bring a chain of arguments that support its precedence, although imbued with values ​​that strengthen and consolidate constitutional democracy.