A constitucionalização dos direitos à intimidade e à vida privada

Abstract

Due to, at present times, there being an increas-ing interest by society and State in the individual sphere, although precisely in intimacy and private life, it has be-come necessary a more detailed analysis on these private spheres. In the interest of proceeding with such, apart from the right to intimacy and private life being under-stood as fundamental civil rights, it should be analyzed before the doctrine, the legislation and the jurisprudence the presuppositions which allowed them constitutionality, as well as the study of the constitutional system (1988 Federal Constitution) in which they are contained. Such analysis having been proceeded, it shall be proven that individuals shall enjoy, against State and so-ciety abuse, an area of protection and privacy by which is ensured civilly (by the right to personality) and constitu-tionally (by the institution of a fundamental civil right which protects and assures them)