Direito fundamental à privacidade: desdobramentos possíveis até o direito à extimidade

Abstract

The present work intends to identify how the classic concepts of the right to privacy are related to the current social arrangement, organized in a network. In this arrangement, the members began to live in a confessional and spectacular way to face the idea of the possibility of the emergence of a "new" right, called "right to eximality", which unfolds of privacy. In this way, the work was developed in two chapters. The first is concerned with laying the foundations of the right to privacy as set out in the 1988 constitutional text, as well as identifying the social impacts supported by such a right. The second chapter aims to show the technological influences in the current society as a resignifying factor of the law, pointing out its consequences and aiming to respond to the proposed: to what extent the eximity can be considered as an unfolding of the right to privacy. Regarding the methodology, the deductive method was chosen in order to respond to the proposed research problem, since from the general and traditional concepts of the right to privacy it is possible to visualize that the Law does not cease to suffer the historical-cultural contingencies of the universe in which it is integrated. In this way, legal concepts reveal themselves as historical phenomena oriented to critical reflection.