O DIREITO AO ESQUECIMENTO: questões jurídicas e sociais

Abstract

This article aims to hold a brief discussion on the "right to forgetfulness", a new term to explain the right of the individual not to have publicity, that is, exposure of past events specific to his life. To carry out this article was conducted a bibliographic survey that served as the basis for the discussion and rationale on the subject in Brazil, we sought concrete cases that cover the right to forget or that are related to it, specifically in processes of requests for erasure of records on the Internet, researching judgments in which the applicants called for the records on certain facts to be erased and no longer be recovered or disclosed. A research was adopted as a methodological strategy on the websites of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ). Finally, the authors bring the discussion that involves the right to privacy in contrast to the right to freedom of expression questioning to the extent that it is possible to affirm that people have the right to be forgotten and to what extent it is possible to preserve individuality in relation to the collectivity.

Keywords

• right to forget
• dignity of the human person
• fundamental rights
• right to privacy
• freedom of expression