The abuse of freedom of speech by media, a way to injury individual´s honorability

• Grant number: 13/07656-9
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: October 01, 2013
• End date: September 30, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Luciano de Camargo Penteado
• Grantee: Breno Arruda Macchetti
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

Information is essential to human beings. They requires it a lot, taking by information a large asset, related to knowledge. Nowadays, velocity and the way information spreads make information process complex and difficult. Brazil, all over its history, had five acts concerning information and media. The last one, Lei nº 5.250/1967, wasn´t receipted by our Constitution, by a formal declaration, in 2009. This fact propitiated a gap concerning this subject, and as a consequence, Constitution, Civil Code and Criminal Code organize the matter. This study aims to understand how abuses of freedom to speech and right to privacy interact, especially with the notion of personal honor. The objective is not to study transgressions, but, as we develop the study of legal figures involved, get a superior concernment about the theme, understand the values involved, and study critically judicial decision about freedom to speech At the end, we will concentrate the study about the vantages and disadvantages concerning a new specific act about this asset. (AU)