Análise do conflito de direitos fundamentais: direito à imagem e o direito a liberdade de imprensa de programas policiais

Abstract

This study aims to analyze the conflict arising from fundamental rights protected by the Federal Constitution. In particular, it was analyzed the right to image provided by article 5, item X of the Federal Constitution and the right to freedom of the press ensured in articles 5, item IX and 220, paragraph 1, by the same constitutional provision. Although the above-mentioned rights are vested with prerogatives under the Major Charter, there will be situations where judging entities will have to decide against each other, thus presenting themselves as a real challenge for judges. The right to information was observed, which is based on the right to inform the press professional and, above all, on the right that is guaranteed to the citizens to receive correct / legitimate and relevant information, when they clash with the protection of individuals who, in some situations, suffer excessive exposure and are condemned by society even before any criminal action is taken. Given, in many cases, by the frivolous manner in which some journalistic programs are conducted, being more essential the amount of audience and media visibility can be obtained, without paying attention to respect the rights of the personality of the individual. However, the principles of reasonableness and weighting were analyzed as possible tools that could help judging entities in the face of the conflict of fundamental rights. Finally, based on the analysis of the concrete case, applying Robert Colly's theory of the “Collision Law”, the judges will be able to decide in a fairer and more harmonious way.