A CONSTITUCIONALIZAÇÃO DOS DIREITOS CIVIS: FAKE NEWS E OS DESAFIOS AOS DIREITOS DA PERSONALIDADE

Abstract

This research aims to briefly examine the constitutionalization of civil rights from the perspective of the effects of the incidence of fake news on personality rights. The objective is to analyze the extent to which the constitutionalization of civil rights makes the necessary defensive front to the intense proliferation of misleading news, which directly affect the most basic rights related to life, honor, intimacy and privacy of the individual. It is known that the Federal Constitution of 1988 presents a significant advance in guaranteeing individual and collective rights, which are essential for the protection of immanent and material aspects of private life, tainted by the use of fake news. However, in practical terms, it is necessary to verify to what extent the constitutionalization of civil rights operationalizes, in a quick and effective way, the due retraction and return to the status quo ante of the image, honor and integrity of people in society. Therefore, this research proposes to analyze the relevant institutes of the current, constitutional and infra-constitutional legislation, from the Civil Code of 2002 and passing through jurisprudential and doctrinal understanding on the subject. Thus, it is intended to present a theoretical study, under the qualitative methodology, discussing the implication of the insurgency of fake news on personality rights, from the most general descriptive aspect to its practical application in a specific case.