BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

16 Fundamental Right to Privacy and Nominal Publication of Public Servants’ Remuneration: Analysis of Understanding FSC on RE N. 52.777 / SP

Jeferson Osvaldo Vieira 1 Vinícius Almada Mozetic 2

1. Introduction On April 23, 2015, after concluding the judgment of the Extraordinary Remedy with Appeal n. 652.777 / SP, under a report from Judge Teori Zavascki, the plenary of the Federal Supreme Court established the understanding that “ It is legitimate to publish, even in an electronic website maintained by the Public Administration, the names of its employees, their correspondent salaries and pecuniary benefits. ” The remedy resulted from an action proposed by a public servant of the Municipality of São Paulo, in which it aimed to exclude the disclosure of information about its remuneration from the electronic website maintained by the municipality. Although it was an individual action, the remedy was affected by the regime of general repercussion and the debate was enriched by the intervention, as amicus curiae, of various associations, unions and federations, as well as the Union , which shows that the discussion overflows the limits of the federative entity that was part of the action, since the focused publicity can, in theory, be carried out by any public organ of the country, and consequently reach all the occupants of public posts or jobs in different spheres of the Administration. The given decision has a particular importance, since it represents the position of the last interpreter of the constitutional charter on the matter, influencing the conduct of all the organs of the Executive, Legislative and Judicial Branches. The grounds presented in the judgment will be presented and it will be debated whether the decision adequately considered all the constitutional principles involved and especially the fundamental rights attained, in particular, the fundamental right to inviolability of the privacy and private life, assured at the article 5, subsection X, of the Constitution of the Federative Republic of Brazil, presenting a proposal of conceptual delimitation of this right. 1 Mestrando e membro do grupo de pesquisa em Direitos Fundamentais Civis do Programa de Pós- graduação em Direito da Universidade do Oeste de Santa Catarina. Docente do curso de graduação em Direito da Universidade do Oeste de Santa Catarina. Magistrado do Tribunal de Justiça de Santa Catarina. 2 Pós-Doutor e doutor em Direito pela Universidade do Vale do Rio dos Sinos – UNISINOS; Professor e membro do grupo de pesquisa do Mestrado em Direito da Universidade do Oeste de Santa Catarina UNOESC – Chapecó (Dimensões Materiais e Eficaciais dos Direitos Fundamentais). vinicius.mozetic@ unoesc.edu.br

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