Intersecções entre o público e o privado : a (in)efetividade do princípio da privacidade diante da possível preponderância do interesse público.

Abstract

This research examines the removal of the right to privacy under the plea supremacy of the public interest over private. Through a historical analysis, backed the paradigm shift of the Social Liberal State, the examination of privacy and conflict in contemporary, circles to the problem of recognition of pseudo - supremacy of the public interest. The central objective of the research revolves in the analysis of such justification, through the annihilation of individual rights. With bibliographical nature, this study is based on doctrinal and jurisprudential considerations such as: books, legal journals and specialized notebooks on jurisprudence that the anchor. About the approach, it will be carried by the hypothetical - deductive method. The procedures used are analytical and historical, ie, rescue shall be grounds entitling complete the (im) possibility of removal of privacy - a fundamental right that protects the personality - under the justification of state interests, demonstrating the connection search 'Contemporary Constitutionalism' and, similarly line, with the area of concentration of the Post - graduate studies in Law 'Social Demands and Public Policy', on the Santa Cruz do Sul University. Thus, in the first chapter, will be made an approach to the Liberal and Social Status through their assumptions, foundations and the paradigm shift, demonstrating the strength and political and legal influence of the masses as well as the reasons why the state has to intervene. In the second chapter, we discuss the fundamental right to privacy shall be undertaken through a historical to the current constitutional landscape. In the third and final chapter will be held close examination of contemporary conflicts and state intervention as a promise (in) efficient solution, rather than the sacrifice of individual guarantees. Finally, the principle of proportionality as the legal mother in cases that glare privacy and the uplift of the principle of privacy will apply through a reading with constitutional lens.