Right to privacy, collision between fundamental rights and balance
reflections on STJ decisions based on Robert Alexy's theory
DOI:
https://doi.org/10.29293/rdfg.v7i02.301Keywords:
Fundamental rights. Legal principles. Balancing. Superior Justice Tribunal. Robert Alexy.Abstract
This research work analyzes the methodological assumptions of the interpretation and concretization of the right to privacy based on the decisions made by the Superior Court of Justice from 2012 to 2019. The objective is to check how such courts effect the balance of constitutional principles in collision. In addition, it is investigated whether the reasons for the decisions are adequate to the postulates of weighting and proportionality examination according to the theory of legal argument proposed by Robert Alexy.
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Copyright (c) 2020 Alexandre de Castro Coura, Júlia Teixeira Ramos
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