A TUTELA DA DIGNIDADE HUMANA NA ERA DA INFORMAÇÃO: ANÁLISE DO FENÔMENO DA INDEXAÇÃO DIGITAL À LUZ DO DIREITO AO ESQUECIMENTO

Abstract

This monograph investigates the applicability of the right to be forgotten as a tool for protecting human dignity in the digital context, especially in light of the broad indexing of information on social media and search platforms. Originally conceived in criminal law in 1966 by jurist Gerard Lyon-Caen, the right to be forgotten allowed individuals not to be permanently affected by past crimes after serving their sentences. Currently, this notion has been expanded to civil and digital law, focusing on the protection of personal data and online privacy. This study aims to explore how the right to be forgotten can be implemented through the de-indexing of personal information to mitigate the negative impacts of digital hyperexposure, which can compromise individuals' honor and privacy. The monograph will discuss, among other topics, the historical evolution of the right to be forgotten, its relationship with digital law, and an analysis of de-indexing as a tool to protect human dignity, even after the Brazilian Supreme Court declared the right to be forgotten unconstitutional. The question to be addressed is: can human dignity in the digital age be safeguarded through the right to be forgotten by de-indexing individuals' personal information? As hypotheses, it is first considered that, yes, the right to be forgotten allows individuals to govern their own memory, and de-indexing is a tool that aims to protect the privacy and dignity of those who wish to avoid the perpetuation of past events without social relevance; secondly, it is argued that, although the right to de-indexing may be applied, the idea of a right to be forgotten is incompatible with the Constitution, as established by the Supreme Court. With theoretical and dogmatic methodology, the monograph proposes a reflection on balancing freedom of expression and privacy, highlighting the need for clearer understanding of this right's limits and applications. This study aims to contribute to the debate on the relevance of the right to be forgotten in the information society, showing that the institute does not oppose the Constitution but, with correct application, can safeguard rights cherished by Brazilian law.