O conteúdo do direito da privacidade no direito brasileiro contemporâneo

Abstract

Privacy emerges as an individual right in the United States at the end of the nineteenth century, from Warren and Brandeis's article "The Right to Privacy." This right arose from a general clause of inviolability of the person, the right to be left in peace, evolving from a right not to have the body as the target of some physical offense for a right not to be offended in his personality. In the second half of the twentieth century in Europe, the information revolution caused by the computer raised concerns about personal data, prompting some governments to enact laws for the protection of their citizens. In contrast to the individual preoccupation of American privacy, the European model had a social concern in seeking to protect the data of the person as an individual and also as a group, preventing this data from being used for discriminatory purposes. The privacy model proposed here is based on both physical and metaphorical access to the person. The modalities of access correspond to the dimensions of privacy: physical access refers to the spatial dimension, where rights such as the inviolability of the home are situated; The metaphorical access concerns both the decisional dimension, related to the way of life of the person and how this access to influence in their decisions, as to the informational dimension, which concerns personal information in some type of media. Privacy is seen here as a category of personality rights, whose constitutional prediction also makes them fundamental, which, due to their family similarities are grouped, but maintained the independence of each. When identifying a privacy problem, one looks for which dimension corresponds to that problem and then the correspondence with the right of the violated privacy is made. This procedure increases the degree of precision in the measurement of the damage, allowing an analytical approach in the quantification for the purposes of indemnification.