Direito de ser esquecido: sopesamento de princípios constitucionais e viabilidade no ordenamento jurídico nacional

Abstract

The right to be forgotten, or right to forgetness, is a new internet related right. It represents a direct conflict between the right for information and the right to privacy, both equally granted by the Constitution. It is still relatively unknown in Brazil, but there is already studies regarding it in other countries, and its denomination is already used by the press. The internet usage has been reaching every age group and social class. That, given that its good usage makes the passage of news and information much faster. However, its misusage can bring conflicts when it comes to juridic relations, involving the beforementioned fundamental rights. Given that fact, the analysis of this right within the constitutional law has become more relevant. Besides, the study of the principles of constitutional interpretation and the questioning about the role of Legislative power in the creation of laws that aim not only to regulate, but to propose solutions to the challenges it poses, have become part os the theme analysis. With that in mind, the object of the present paper is to analyse the right to be forgotten, as the focal point of the conflict between the right of privacy and the right of freedom of speech, given the polemics the theme causes internationally. It deserves a study, more so, about its adequacy to the brazilian juridic order, specially within the 1988 Constitution. Beyond that, the metodology abroad, basically, the study of papers, theses and books. The resources utilized for the study and writing of the present paper were obtained in personal and academic libraries, internet relationed sources and juridic specialized websites, not to mention online legislation. After all the study realized, it became evident that the right to be forgotten can be inserted in the national juridic order. However, not absolutely so, for it needs the balance of the fundamental rights involved, the same being true for a regulative legislation about the theme.