Direito ao esquecimento: uma análise sobre a necessidade de revisão do precedente.

Abstract

This article will bring an analysis of the decision of the Federal Supreme Court in the judgment of Extraordinary Appeal No. 1,010,606, in which the understanding was established that the right to be forgotten is incompatible with the constitutional order. The aforementioned understanding had a great impact on the legal environment, as it directly confronted the majority doctrine and the jurisprudential understanding, which for some time already recognized the existence and compatibility of a right to be forgotten before the Brazilian constitutional order. On the other hand, despite the express denial of the incidence of this institute in national law, in its decision the Court ended up protecting what the doctrine understands about the way of applying the right to be forgotten in cases where abuses of freedom of expression attack honor, image and intimacy of natural persons. The objective of this research is to point out if there is a need to review the precedent established by the STF, in view of the inconsistencies of the decision in question. The methodology of theoretical research will be adopted, which will consist of the study of bibliography relevant to the themes of the right to be forgotten, personality rights and freedom of expression. The legislative content relevant to the subject will also be used, as well as the analysis of the jurisprudence of the Superior Court of Justice and the Court of Justice of Minas Gerais. The thesis defended is that the review of the precedent established by the Supreme Court is a necessary measure, given that the right to be forgotten is compatible with the constitutional order, as well as that its indirect application remains possible.