Ontologia da privacidade

Abstract

The research problem with this article is the following question: What is the privacy ontology? Two proposals will be analyzed. The first proposal classifies privacy as personality right. The second proposal understands privacy as a property. Both will be analyzed comparatively from the perspective of personality rights and data protection laws. The contemporary understanding of privacy is also compatible with its historical and cultural aspects. Thus, the first section deals historically and briefly with the development and origin of privacy. The second section verifies the adequacy of the results obtained in the first section and their adequacy to the legal characteristics attributed to personality rights, especially privacy. In the end, it is verified that the identifying elements of a personality right are incompatible and unchangeable when compared with the ontology of privacy since it is constituted and shaped according to the cultural and social precepts in force at the time of its exercise. The deductive method and the technique of bibliographical research are used.