Just like a circus: uma análise da irresponsabilidade midiática frente aos direitos de imagem e privacidade no caso Britney Spears

Abstract

Image and privacy are listed as personal rights, ariding from the personality that, in the field of Civil Law, can be understood as the aptitude for acquire rights and contract duties, which conditions its holders do the category of “person”. The personal rights guarantee the guardianship of honor, dignity, freedom and privacy, being innate and inherent to all human beings. Therefore, this study analyzes brazilian and northamerican productions and jurisprudence, in order to investigate the motivations and justifications that lead to mitigation of personal rights of image and privacy for notorious figures, especially women, taking the Britney Spears case as the main example. It is a qualitative research with na exploratory disposition that gathered academic-scientific studies that read into the theme, as well as judgments of regional and superior courts that approach, in some level, the relation between fame and the violations of image and privacy rights. All of the found materials were analized in order to answer a central question: regarding media behavior towards public figures, especially women, is there a violation of the guarantee of image and privacy rights? The results indicate that there is, in fact, the existence of a doctrinal understanding that leaves room for the mitigation of image and privacy rights, through the figure of presumed consent, for public figures. Therefore, it is shown that the main result is the observation that this mitigation occurs more recurrently and affects with greater intensity for notorious women, due to gender prejudice perpetuated by a pact between media and State.