Direito ao esquecimento: uma análise à luz da ordem constitucional brasileira

Abstract

The objective of this undergraduate thesis is to analyse the right to be forgotten in brazilian scenario. The mais purpose of this work is to investigate the constitucional foundantions that can justfiy the application of the righht to be forgotten in the national legal order. Specifically, the analysis proposed by this work aims to understande the origins of the detabe in the right to be forgotten, establish a basic legak concepto f what the right to be forgotten is; asses the national legislative body that can justify the defense by the direct or indirect existence of this right; analyze the clash of fundamentals rights that can result in the recognition and application of the right to be forgotten in a specific case; establish the criterias by which the right to be forgotten can be recognized. Asses the repercussion of the judgment os Extraordinary Appeal n. 1.010.606/RJ by the Supreme Federal Court in relation to the doctrine of the right to be forgotten in Brazil. The exponential growth of the mass media, a determining factor in the gradual process of publicizing private life, justifies the proposal of this final paper, since the right to be forgotten rises, precisely, as a reaction to this new reality, insofar as the the recognition of this right is, in fact, an instrument through which one seeks to preserve a series of other individual rights, such as image, name and private life. It is clear that the recognition of this right requires the analysis of a series of other factors, since the recognition of the right to be forgotten occurs, precisely, in those cases where there is a collision between freedom of expression and information and personality rights. At the end of this work, it is concluded that, although the Brazilian legal and normative body does not make any direct reference to the right to be forgotten, it is fully possible, with a view to satisfying a series of fundamentals rights inherent to the dignity of the human person, and since that certain requirements were met, the application of this right in a concrete case involving the collision between freedom of expression and information and the personality rights.