Tensões entre a liberdade de expressão e os direitos da personalidade no âmbito da fotografia contemporânea

Abstract

The work studies personality rights and the right to freedom of expression, relating them to contemporary photographic practice, from the perspective of the various uses and social functions of photography in contemporary times. It elucidates the conflicting relationship among the fundamental rights studied when placed in the context of a society increasingly inserted in the image regime, the result of technological development and the use of images for communication, increasingly anchored in visuality. For this, the photography is introduced with the subsidy of image analysis and theoretical productions on the subject. The personality rights (honor, privacy, intimacy and image) and some freedoms derived from freedom of expression (freedom of information and press, of thought and of creation) are researched and presented from a bibliographical review, with support for scientific publications on the subjects discussed, in addition to documentary research in the light of international treaties and national legislation, concrete cases are analyzed in the last chapter of the monograph.