O direito ao esquecimento como instrumento de efetivação da dignidade da pessoa humana

Abstract

The right to oblivion as an instrument for the realization of the dignity of the human person is adopted as the theme for this conclusion-of-course work. In view of this, the research problem is summarized in the following question: in what way does the Right to Forgetfulness in Brazil take effect through the legal application of the dignity of the human person? That said, the main objective of this research is to analyze the Right to Forgetfulness in Brazil, considering the legal application of the dignity of the human person. In addition to this main goal, the following activities will also be carried out: firstly, the right to information is contextualized, highlighting what is freedom of expression and the press in Brazil in parallel (the first specific objective); the personality rights of the current national legislation, including the right to image, private life and honor, (according to the specific objective) are highlighted; Finally, the basic concepts of the Right to Forgetfulness, emphasizing the inevitable clashes with the right to information (third specific objective), are emphasized. The methodology adopted in this bibliographic research is based on the qualitative approach. The realization of this research is justified as a way of qualitatively valuing the Right to Oblivion, preserving the dignity of the human person, respecting the right to information in parallel. In general, the Right to Forgetting encompasses a series of prerogatives that safeguard the collective memory of the human person from practices carried out and or suffered in his private past. These are the main ideas worked on in this research.