Direitos da personalidade: fundamentos dogmáticos comparados entre os sistemas da civil law e common law

• Autor(a) principal: Svoboda, Anna Claudia
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/26029
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direitos da personalidade; Sistemas civil law e common law; Fundamentos dogmáticos; Evolução dogmática; Direito comparado; Personality rights; Civil law and common law systems; Dogmatic foundations; Dogmatic evolution; Comparative law

The objective of the present study is to present the foundations of the dogmatic evolution of personality rights in the civil law and common law systems. Knowing that the systems have different origins with their own dogmatic formations, inquire about the possibility of some point of cohesion between the systems that demonstrates the favoring of the development of the dogmatics of the rights of the personality. Legal historical landmarks of both systems were covered. For significant temporal cuts were to that, the ones that most contributed the evolution of dogmatic. With the development of the research, a study of the doctrine of the emergence of personality rights was added, trying to establish a point of origin. The research brought the evolution of personality rights in the Brazilian system. From the other side, from the example of the formation of the right to privacy in the American common law, we sought to compare the dogmatic evolution between the systems. Tried to present the rights of the personality in kind listed in the Brazilian Civil Code from the main characteristics, without losing sight of judged relevant to the subject. The research covered the civil legislation of some civil law countries. Finally, it was discussed the similarities and differences between the civil law and common law systems