Direito ao esquecimento: novo direito fundamental na sociedade da informação?

Abstract

The current article aims to analyze the applicability of the Right to be Forgotten in the virtual environment, based on the study of international and Brazilian jurisprudence, which deal with the conflict between the protection of privacy and the exercise of freedom of speech. For this purpose, initially are going to be presented the legal basis of the Right to be Forgotten, which is understood as an unfolding, of doctrinal origin, of the Rights of the Personality, with the aim of achieving the dignity of the human being. Then, the text is going to address the Right to be Forgotten from the perspective of the opposition between the individual claim to seek the forgetfulness of a past information that causes embarrassment in its actual life, to the detriment of a society's right of free access to information. Finally, an analysis is made on the influence of the Internet in the context of the Information Society, dealing with the criteria to be observed for the resolution of conflicts between fundamental rights involved in the application of the Right to Forgetfulness. Lastly, it will be verified the most considered paradigmatic cases for the treatment of this subject.