Detalhes bibliográficos
| Ano de defesa: |
2016 |
| Autor(a) principal: |
Castro, Fabiana Maria Martins Gomes de
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| Orientador(a): |
Nery, Rosa Maria de Andrade |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/18776
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Resumo: |
The present thesis, aiming at obtaining PhD degree in Effectivity Private Bill and Civil Rights, subarea of Civil Law, entitled “The intangible core of intimacy: the domain of the secret”, discusses the right to intimacy concerning the minimal intangible core that must be preserved and tutored by legal order. The theoretical construction of personal rights is recent, so is the construction of intimacy rights. In Brazil, intimacy rights laws are in the article 5th, X of Brazilian Constitution, 1988, and in the article 21 of Brazilian Civil Code. The discipline of this right has been greatly modified: one particular modification derives from the very discipline of personal rights, in which it is inserted; the other derives from the essentiality and influence of technological tools that operate in social structures. The main question of this research is: what is the intangible core of a person’s intimacy that concerns the humanity of each human being? The hypothesis is that “intimacy” is a vague legal concept, leaving its definition and actualization to the interpreter. The general goal of the thesis is to study conceptual aspects of person, juridical personality and humanity, and also to present conceptual theories of Law relating to intimacy both in Brazilian and foreign doctrine and investigate cases concerning the matter to identify the domain of secret. This thesis analyses the right to intimacy, in its contemporary and most important aspects, chiefly concerning the theories of plural and unitary concept to define it as a component of human nature (humanitas) related to the person’s ontological incommunicability. The methodology to develop this research is based on secondary data and qualitative method, starting from the analysis of law, of the doctrine and of the so far built juridical understanding. The main result achieved is that, once identified the assets in the secret domain and, according the foundation of the human person dignity, there happens the effectivity of this right and so the judge’s subjectivity can be avoided when subsuming and applying this right |
