Capacity to act and personality rights in brazilian legal system: the case of the right to privacy

Abstract

This article focuses on the study of the exercise of subjective legal situations and the role that the capacity to act plays in this field. Therefore, the provided regime in the 2002 brazilian Civil Code that refers to this capacity is analyzed, with the necessary considerations about the changes determined by the Federal Law nº 13.146/2015, the Statute of Persons with Disabilities, which reformed the list of incapacities and the guardianship institute. For the protection and integral promotion of the human person with the realization of personal values by subjective situations (not pre-fixed by legal classification), it is important to ensure its own holder the exercise of the right, whereas exists discernment to perform the act. In brazilian law this parameter should orientate the exercise of the right to privacy, albeit by a minor or by a person submitted to guardianship, in order to assure the person’s control over their personal information.