A supressão do princípio constitucional de proteção à privacidade, à honra e à imagem das pessoas a partir do entendimento firmado no tema 786 do STF

Abstract

The present work is an investigation into how much the constitutional principle of protecting people’s privacy, honor and image was suppressed based on the understanding established in Theme 786 of the STF, established in 2021 when the Aída Curi’s Case was judged. In this context, its main proposal was to analyze the suppression of principles related to protection against person intimidation, an investigation that was carried out through bibliographical research and jurisprudential analysis. Initially, emphasis was given to Robert Alexy’s theory of balancing principles and also do Ronald Dworkin’s line, which supported the final proposal of the work to analyze the repercussion of Theme 786 with regard to legal actions that evoke the right to be forgotten and possible suppression of principles relating to protection against intimidation.