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The conflict between the liberty of information and private life a legal and social reflection about the need of resolution in criminal sphere

Grant number: 15/07955-1
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): August 01, 2015
Effective date (End): July 31, 2016
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Fernando Andrade Fernandes
Grantee:Giuseppe Cammilleri Falco
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The Project will be working with the analysis of juridical goods of liberty of information and private life. We realize that this two rights they attack each other, we will try to find the solution between this two rights, if it exist, and ascertain if the solution are in the criminal law. In this way, the Project will dividing in four perceptions: Sociological; legal; constitutional legal and criminal legal. The sociology will be important to realize that the conflict like a social fact. A analyses of the presented times, which the sociology will call of postmodern, it's important to identify that this conflict it's specific o four time. Result of a massive circulation of information Being this conflict dense in our society it will be relevant to the legal studies. In this moment, the intention will be see the importance of de liberty of information and private life, individually. Like understand the importance inside the foundation and sustention of democrat state. Continuing the studies at the juridical theme, will be concerned and understand the law, that regulate the right exposed, attacked. At last, the final reflation which will be supported and all the previous reflections, will be concerned and search how to resolve the conflict exposed. Therefore, the study of dogmatic, principles and criminal theories will be fundamental. At this point, the Project aims understand and solve the conflict, and realizes if there is the need of the criminal innervation.

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