Revista Eletrônica do Curso de Direito da UFSM (Apr 2017)

THE RIGHT TO BE FORGOTTEN AS A PROTECTION OF PERSONALITY RIGHTS IN THE INFORMATION SOCIETY: AN ANALYSIS FROM THE PERSPECTIVE OF CONTEMPORARY CIVIL RIGHTS

  • Sthéfano Bruno Santos Divino,
  • Lucas André Viegas Carvalho de Siqueira

DOI
https://doi.org/10.5902/1981369424579
Journal volume & issue
Vol. 12, no. 1
pp. 218 – 236

Abstract

Read online

Technological evolution is like an intrinsic feature of contemporary society. From this premise, this article aims to analyze the institute of the right to be forgotten in order to identify its incidence and applicability, both in Brazilian laws and in comparative law, in the context of information society. The problem lies in the lack of legal support for its use in the Brazilian legal system. However, by obtaining data through bibliographical research and the use of the dialectical empirical, generalized empirical and deductive methods, it concluded that there is the possibility of applying this institute aiming the protection and safeguarding the rights of personality, if filled the requirements to it, making the inhibitory legal protection of the Judiciary take place on these rights and effect the fulfillment and satisfaction of the application of the right to be forgotten.

Keywords