O DIREITO AO ESQUECIMENTO E À DESINDEXAÇÃO E SEUS IMPACTOS NO MEIO AMBIENTE NATURAL E VIRTUAL: ESTUDO DE CASOS

Abstract

This writing aims to explore the right to be forgotten and de-indexing in the Brazilian legal context, analyzing their interrelations and the relevant constitutional conflicts. The work initially examines the concept and regulation of the right to be forgotten, looking at specific cases to illustrate the complexity of the topic and the challenges in balancing fundamental rights. The study then delves into REsp 1.660.168/RJ and Rext 1.010.606/RJ. It is inferred that the Rext addressed the compatibility of the right to be forgotten with the Federal Constitution of 1988. The Federal Supreme Court (STF) ruled that this right is incompatible with the Brazilian Constitution, stating that in a Democratic State of Law, freedom of expression must prevail over personal rights when the information disclosed has public relevance. The trial revealed different doctrinal and jurisprudential perspectives, highlighting the arguments of the ministers involved in the trial on the conflict between freedom of expression and the right to privacy. On the other hand, when analyzing Special Appeal 1.660.168/RJ, in which the Superior Court of Justice (STJ) reviewed its position and confirmed the decision of the court of origin, it recognized the author's right to have her information deindexed from search engines. This judgment emphasized deindexing as a distinct legal mechanism to protect personal information in the digital age, particularly concerning human dignity. The conclusion of this work also explores deindexation as a useful right to preserve individual rights, especially in the face of technological advancement and the expansion of the internet. The study concludes that while the right to be forgotten is not explicitly provided for in Brazilian legislation, it can find support in scattered laws and other already consolidated legal institutes. Additionally, it can be considered to exist legally and constitutionally. In addition, this work discusses various concepts related to the right to be forgotten, emphasizing that this right is not intended to erase facts or data from the past.Rather, it aims to prevent outdated information from hindering personal development, depending on the specific circumstances. The analysis underscores the importance and complexity of the issues discussed, emphasizing the necessity of an ongoing debate on safeguarding personal data, defining the boundaries of freedom of expression in the digital age, and the non-application of the right to be forgotten by the environment. In the case of environmental offenses, it is emphasized that the importance is even more significant due to the numerous ecological damages. Such crimes cannot be forgotten, as it is a fundamental right to preserve the environment, collective memory, and ecological dignity and ensure that future generations know the past to avoid repeating the same mistakes.