Voluntary limitation of the exercise of Personality Rights

Abstract

legal system. Since early legal thought, the protection of human existence has been a central concern, and personality rights have emerged as essential mechanisms to safeguard human dignity. The study aims to analyze how these rights may be voluntarily restricted, considering both the principle of human dignity and the social function of Civil Law. The research is grounded in classical civil law theory and the constitutional framework that places human dignity at the core of Brazil’s legal system. It uses a qualitative methodology, applying the deductive method, and relies on bibliographic (doctrine and legislation) and documentary (case law) research.The article highlights the transformation of Brazilian Civil Law, which moved beyond the patrimonial focus of the 1916 Civil Code toward alignment with the 1988 Federal Constitution. Personality rights are generally non-transferable, non-waivable, non prescriptible, and unavailable, underscoring their intrinsic connection to the human person. Although Article 11 of the Civil Code states that the exercise of these rights cannot be voluntarily limited, legal scholarship and case law recognize the possibility of self-limitation in specific circumstances. The article concludes that voluntary limitation of personality rights is a legitimate expression of private autonomy, so long as it respects legal boundaries and the values of the democratic rule of law, ensuring that freedom does not become a means of subjugation or instrumentalization of the human person.