Direito ao esquecimento na era digital: um levantamento da aplicação e limitações do direito ao esquecimento no contexto digital

Abstract

Technological advancements and the proliferation of the Internet have created unprecedented challenges today regarding the protection of privacy and individual rights. In this context, the right to be forgotten has emerged as a central issue that requires a detailed analysis of its application and limitations in the digital era. This study aims to explore the right to be forgotten in the digital era, with a particular focus on search engine indexing and information sharing on the Internet. Using a qualitative approach, we analyzed case studies, jurisprudence, academic literature, and regulatory sources to gain a comprehensive understanding of the issues at stake. Firstly, a systematic literature review was conducted, allowing for an in—depth analysis of the concepts and theories surrounding the right to be forgotten in the digital era. Relevant regulatory and legal sources were also examined to identify existing regulations and trends related to the right to be forgotten. Based on this critical analysis, we were able to reflect on the challenges and propose measures to better protect the right to be forgotten in the digital era. Through a critical analysis of the legal, ethical, and social complexities involved, solutions were proposed that promote better protection of individual rights in the digital era. This study contributes to our knowledge of the right to be forgotten in the digital era and provides relevant insights for legal, ethical, and social debates on the protection of privacy and individual rights in digitally connected environments.