A aplicabilidade do direito ao esquecimento na era digital

Abstract

The main purpose of this study is to investigate the applicability of the right to be forgotten in the digital environment at national level, in view of the difficulty of fundamental rights protection in the world wide computer network. The study was based on bibliographical research of books, scientific articles and master's dissertations, in addition to legislation and judged pertinent to the theme. Thus, at first, it sought to make the conceptual delimitation of the right to be forgotten, presenting its constitutional and legal foundation, as well as to draw a brief history of this institute through the analysis of paradigmatic foreign judgments. Next, it addresses some of the challenges to recognizing this guarantee, discussing the conflict with freedom of speech, the importance of collective memory and accountability of search providers. Finally, it analyzes the main cases on the subject that have already been taken to the brazilian Superior Court of Justice, highlighting the changes and evolutions of the country decisions in the protection of the rights of the personality, notably with regard to the recognition of a right to deindexation.