O direito ao esquecimento em direito comparado: Brasil e China frente à liberdade de expressão

Abstract

Considering the long-term effects of the presence of personal data on the internet and the legal issues arising from the conflict between privacy and freedom of expression, this study examines the right to be forgotten in Brazil and China, seeking to understand how its recognition relates to restrictions on freedom of speech in different legal systems. To this end, it was necessary to detail the historical and constitutional development of the right to be forgotten in both countries, contrasting the legislation and jurisprudence adopted in Brazil and China, investigating how each legal system defines the limits of freedom of speech when applying this concept, taking into account their public, social, and institutional contexts. Thus, basic research was conducted, with exploratory objectives, of a qualitative nature, based on a review of literature and documents, analyzing doctrines, laws, and national and foreign judicial decisions. With this, it was observed that, in Brazil, the right to be forgotten is seen as a clash between fundamental rights, resolved through a balance between them in each situation, and that, in China, the concept is linked to the management of personal data and state control of information, and that the role of search providers is defined very differently in the two systems, allowing us to conclude that the right to be forgotten is not universal, being strongly influenced by the political and constitutional model of each nation.