A colisão de direitos fundamentais nas redes sociais: a análise do caso concreto da divulgação da localização e horários de blitz de trânsito no Facebook e Twitter

Abstract

The emergence of the information society, due to the development and popularization of new technologies of information and communication, provided significant changes in the interactions between individuals of world society as well as Brazilian. Thus, common conflicts that occur in the non-virtual sphere shall also occur in the virtual context, because it is basically an extension of real life. Among these conflicts, stand out on the collision between fundamental rights. In the virtual realm, it is quite common, especially, the collision between the freedom of speech and other rights equally protected by the Federal Constitution, like the rights of personality. In the present study, it will be analyzed the case of disclosure of the location and timing of traffic blitz on social networking websites, deliberating about the possible conflict between the fundamental right to freedom of speech and the public security. Therefore, initially, it was presented the rise and evolution of the information society, due to the advent of the Internet and the popularization of the use of social networking sites. Next to this, it was carried out a theoretical construction on fundamental rights and collisions between these rights, approaching, also, ways of settling this kind of conflict. Ultimately, it was performed the analysis of the disclosure of traffic blitz on Facebook and Twitter, questioning whether there is or not the conflict between the right to freedom of speech and the right to public security and how it could be solved, analyzing which right must prevail over the other in that specific situation.