BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

whoever occupies the public scene are free to be investigated, revealed and exploited in order to quench the voracious hunger for entertainment and fun that newspapers, magazines and newsreels are obliged to use if they wish to survive and not be discarded of the market. 19 Based on these grounds, it seems to us that the decision handed down by the Federal SupremeCourtinRE652.777ismisleading,withthepossibilitythattheNationalCongress, through legislative intervention, reestablishes the protection of the public’s fundamental right to privacy, which is also established in article 12 of the Universal Declaration of Human Rights of UNESCO, which states that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” 6. Conclusion Based on this critical analysis of the grounds that constituted the decision pronounced by the Federal Supreme Court in the judgment of RE n. 652.777 / SP, it is concluded that the incidence of the fundamental right to privacy, which in its modern conception, especially in relation to informative self-determination, inexorably protects the citizen against unauthorized disclosure of personal data, logically including the data related to the remuneration for the exercise of public service. If the incidence of the fundamental right to privacy of the public servant were recognized, a normative conflict would be established between it and the constitutional precepts that guided the decision, to demand a solution that, for constitutional dogmatics, should be the one that honors both values in contraposition the most. Through the application of Robert Alexy’s theory of principles and its rule of proportionality, it would be interpreted that the nominal disclosure of civil servants’ salaries online, besides being an appropriate measure to promote administrative publicity, would be unnecessary, knowing that there are alternatives with the same value that would affect the fundamental right to privacy of the public servant in lower levels. In addition, the disproportionality in the strict sense of this measure would be verified, because the motives that promote it would not justify the restriction in the colliding fundamental right.

19 LLOSA, M. V.: The civilization of Entertainment: an radiography of our time and gives our culture. 1 ed. Rio de Janeiro: Objective, 2013, p. 49.

198