O direito ao esquecimento sob o prisma dos direitos fundamentais

Abstract

Based on the non-explicit fundamental rights from the constitutional legal system, the right to be forgotten has been presented as an expression of the protection that gives the privacy and intimacy in the face of constant development of the information society, seeking the protection of human dignity in respect to avoid that past events might be indefinitely exploited over time. The aim of this research is analyze the right to be forgotten with the backdrop of fundamental rights. The approach will be based on the study of specialized doctrine and two precedents of the Superior Court of Justice (STJ), in which it examined the granting of the right to be forgotten in conflict with the fundamental rights to freedom of expression, information and the right to memory. The study presented two Special Features 1.335.153/RJ and 1.334.097/RJ, which were used to confirm the right to be forgotten as a fundamental right of personality, not explicit in the Constitution, that recognition should happen when in conflict with other fundamental rights by weighing values.