DIREITO AO ESQUECIMENTO X LIBERDADE DE EXPRESSÃO: PERSPECTIVA DOUTRINÁRIA E JURISPRUDENCIAL QUANTO A APLICABILIDADE DA TEORIA NO ORDENAMENTO JURÍDICO BRASILEIRO MEDIDO PELO PRINCÍPIO DA PROPORCIONALIDADE

Abstract

The theory of the right to be forgotten has the study about the clash involving fundamental rights and a normative confrontation regarding these. When dealing with the right to be forgotten by the media due to a dishonorable and vexatious fact, the objective of the theory, it is essential to understand the importance of personality rights and the rights derived from freedom of expression so that the principle of proportionality can be applied in the solution of this problem. conflict. While the first brings the premise of the effectiveness of the dignity of the human person in the Major Law and, later, in the Brazilian Civil Code; the second brings the realization of a need in the face of history (especially the military dictatorship) not to suffer censorship, opening ways to enshrine in the Brazilian Federal Constitution rights such as freedom of information and freedom of the press. Therefore, it brings a theoretical study contextualized in the global sphere, approaching the institute of resocialization as a key factor for the theory to be discussed before the Brazilian legal system. The application of weighting in the Superior Courts is demonstrated, in order to solve the problem of the application of the right to be forgotten in the normative system in which it is protected, as well as the rights of the personality, the right of freedom of expression.