A NOVA DINÂMICA SOCIAL E OS DIREITOS DA PERSONALIDADE:O EFEITO STREISAND COMO DECORRÊNCIA DA TUTELA JURISDICIONAL E DA PUBLICIZAÇÃO MIDIÁTICA

Abstract

This article seeks to relate the ideas of personality rights and jurisdictional protection, both characterized as fundamental, encompassing intimacy, privacy and forgetfulness, as well as their reflexes and complications, with the scope of drawing a parallel with the Streisand effect translated as effect unwanted effect of judicial and media publicization. Using the hypothetical-deductive method, bibliographic reviews and case study, the work conceptualizes such rights, characterizing them as fundamental rights, exposing the conflicts that may arise from the tensions between them, listing the mechanisms that aim to resolve such conflicts, as well as presenting the conception referring to the Streisand effect and other cases in which these shocks had unintended consequences by individuals. Seeking to make a link between all these concepts, the research tries to find answers to antagonisms within the legal system, explaining how such disagreements must be resolved, considering the peculiarities of the specific case, and presenting as a result the fact that social spectacularization, easy access to information and the search for a judicial solution are the main generators of the Streisand Effect - and its consequences in social relations.