Liberdade de expressão, direito à privacidade e direito à imagem : análise da jurisprudência do TJSE sobre o uso indevido da imagem nas redes sociais entre os anos de 2020 a 2025

Abstract

This thesis aims to understand how the Court of Justice of Sergipe deals with the collision between the fundamental rights to freedom of expression and personal rights. It will explain the rights involved, their criteria for relativization and violation. The relationship between social media and personal rights will be discussed, as well as how these rights become vulnerable due to the broad personal exposure and the flow of information. The balancing of fundamental rights will be studied in order to analyze the equilibrium between freedom of expression and privacy in the court's decisions. The research will use bibliographical review and jurisprudential analysis methodology, based on court decisions obtained by applying relevant filters, (exposure OR "misuse of image") AND "social media", with a 5-year time frame, dated October 5, 2024, aiming to understand the parameters used by the court to resolve conflicts between these rights.