Personality Rights and Fundamental Rights

Unavailability, Relative Availability or Exercise of Rights?

Authors

DOI:

https://doi.org/10.14393/RFADIR-v48n1a2020-52960

Keywords:

Personality Rights, Unavailability, Relative availability, Exercise of rights

Abstract

This paper discusses the controversy regarding the possibility or not of disposition on the rights of the personality, through a historical perspective of its emergence, together with doctrinal analysis on the theme. Based on the origins and foundations of these rights, a discussion is made about the relationship between personality rights and the private autonomy of individuals. Through a hypothetical-deductive methodology, it is intended to assess the classification of personality rights as unavailable. To do so, it starts with a historical and general approach to it so that, at the end, its characteristics and the doctrinal and jurisprudential understanding of the theme are addressed, concluding by the unavailability of the enjoyment of personality rights, as well as by the possibility of voluntary limitation of their exercise.

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Author Biography

Lúcia Souza d'Aquino, Universidade Federal do Rio Grande do Sul

Doutora e Mestre em Direito pela Universidade Federal do Rio Grande do Sul (UFRGS). Especialista em Direito Francês e Europeu dos Contratos pela Université de Savioe-Mont Blanc/UFRGS. Professora convidada do curso de Especialização "Direito do Consumidor e Direitos Fundamentais" da UFRGS. Diretora do IBDMater - Instituto Brasileiro de Direito e Maternidade. Membro do grupo de pesquisa "Mercosul, Direito do Consumidor e Globalização" CNPq/UFRGS.

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Published

2020-06-16

How to Cite

Souza d’Aquino, L. (2020). Personality Rights and Fundamental Rights: Unavailability, Relative Availability or Exercise of Rights?. Journal of the Faculty of Law of the Federal University of Uberlândia, 48(1), 195–216. https://doi.org/10.14393/RFADIR-v48n1a2020-52960

Issue

Vol. 48 No. 1 (2020): Journal of the Faculty of Law of the Federal University of Uberlândia

Section

Articles

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