Relatório de estágio realizado no Tribunal Judicial de Lisboa

• Autor(a) principal: Lourenço, Mariana
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/144622
• topic: liberdade de expressão; Direitos de personalidade; Direito ao crédito e ao bom nome,; Conflito; Tribunal Europeu dos Direitos Humanos; Freedom of expression; Right to credit and good name; Personality rights; Conflict; European Court of Human Rights; Direito à honra; Right to honour; Direito

The present dissertation intends to study and deepen the emerging conflict between freedom of expression and the right to honour and good name. Starting our journey in the genesis of freedom of expression, we intend to know its definition and content, moving on to the analysis of the freedoms affiliated with it, as well as the dissection of the concept of “information” and the dichotomy between “facts” and “opinions”, where, finally, it is intended to know its limits. However, it is within the limits of freedom of expression that we converge with personality rights. It is intended to understand the protection of personality at the constitutional level and the protected legal interest, as well as to study the inherent characteristics of personality rights. After a general exposition regarding personality rights, it is necessary to understand through a more specific approach the right to a good name, analyze its similarities and differences, understand the so-called right to honour and finally, identify some figures related to the good name - fame and social decorum. From the moment that freedom of expression and the right to a good name are defined and understood, it becomes necessary to examine the conflict between them, as well as explore the criteria for resolving it in the context of national and international jurisprudence.