Direito ao esquecimento: limites impostos ao exercício da livre expressão e à privacidade

Abstract

This work has the scope of conducting a study regarding the collision of fundamental rights in the judgments that evoked the right to be forgotten in Brazil in relation to the European Union, through conditioning parameters such as the use of the principle of proportionality, and singular analysis of the concrete case. It is strictly understood, to point out that there are paths for consideration when there is a collision between fundamental rights, even if there is no hierarchy between them, it also alludes to several ways of interpreting the concept under discussion. The present study will be developed with bibliographical research, elaborated through national and international doctrine, in addition to Brazilian and European jurisprudence, and the method used will be the deductive method. Finally, it is concluded by the complexity of contexts to which the concept of the right to be forgotten applies. In summary, the notions of Brazilian and European institutes are not synonymous and, therefore, have protected multiple rights.