Biografias (não) autorizadas: uma questão de liberdade de expressão e informação

Abstract

This article analyzes the constitutional aspects of the controversy over unauthorized biographies of public figures, analyzing the problems between the fundamental rights of freedom and expression (and its consequences) and the rights of intimacy and privacy that all people have. Based on important judgments of superior courts, and a look at the Direct Action of Unconstitutionality no 4.815, it argues the necessity of interpretation according to the Federal Constitution of the articles 20 and 21 of the Brazilian Civil Code, with the consequent declaration of unconstitutionality, without altering the text, of such civil devices, to ward from Brazilian law the eed of authorization from the person to publish biographical works, when the events are public interest. The article wants to prove that the literary genre of biography is an important issue in the construction of national history and culture, and therefore can not undergo capricious authorizations that camouflage true private censorship – even after the Democratic Constitution of 1988.