Revista Brasileira de Direitos e Garantias Fundamentais (Dec 2016)

Fundamental Right to Oblivion: Influence of the Internet and Critical Do the Decisional Method in Brazilian Courts

  • Roger de Moraes de Castro,
  • Guilherme Pittaluga Hoffmeister

DOI
https://doi.org/10.26668/IndexLawJournals/2526-0111/2016.v2i2.1640
Journal volume & issue
Vol. 2, no. 2
pp. 209 – 299

Abstract

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The internet has completely changed the organizational model of society. Undid geographic barriers and allowed the immediate dissemination of information worldwide. The change of society makes fundamental rights come into collision. Thus, the present study intends to work with the collision of some fundamental rights, especially involving the right to oblivion, exposing the manner in which the courts have decided these conflicts and, finally, making a critical analysis of the method used by the brazilian courts to arrive the decisions that encompass this fundamental right. To do so, we will be using the literature review and the hermeneutic phenomenological method.

Keywords