Novas perspectivas do direito ao esquecimento após o RE 1.010.606/RJ e os tribunais da internet na era do cancelamento

Abstract

This course conclusion work aims to analyze the possibility of applying the right to be forgotten in cases related to the culture of cancellation. At first, the way in which the right to be forgotten was treated in Europe, its doctrinal currents and how it was treated in Brazilian jurisprudence will be analyzed, with emphasis on the last major analysis of the subject by the STF in RE 1.010.606/RJ, which determined the unconstitutionality of the right to oblivion. The proposed debate is that the established thesis did not exhaust the issue, as it insufficiently treated only a perspective of the right to be forgotten. And this is due to the conceptual scope of this right, and precisely for this reason, despite having been considered incompatible with the constitution based on the judgment, it does not prevent the application of the institute in matters related to the internet, contrary to what was implied in the decision. We believe that, in particular, the phenomenon of cancellation culture can have its harmful consequences minimized by the right to be forgotten. The monographic discussion aims to demonstrate that there are several levels of application of the right to be forgotten, and that the decision of the STF was impaired in order to establish an orientation for the most modern cases of forgetfulness, because there is still no leading case in Brazil, aimed at a harmful issue originated on the internet, as opposed to international jurisprudence, which made this hypothesis not covered by the thesis of the Supreme Court. However, what we intend to demonstrate in a second moment is that with the recent phenomenon of cancellation, through the so-called "Internet Courts", this is precisely the most contemporary perspective of the right to oblivion to be debated and jurisprudential theses signed, which collaborate for the natural development of the personality of the victims of this movement. Those “canceled” have recently suffered serious damage, but they still run the risk of being constantly re-victimized throughout their lives, by decontextualized or outdated information, which does not reflect and reduces who they are as individuals, and therefore should not suffer constant social reprisals that result in an ad eternum punishment. As for the cancellation phenomenon itself, the ways in which these types of virtual attacks can occur will be addressed, as well as the patterns and differences between each of them, which will be done through case analysis. The methodology used was the inductive method with bibliographic research, analysis of cancellation cases and jurisprudential and doctrinal review on how the right to be forgotten was approached in Brazil until then. The main objective is to defend the application of the right to be forgotten, in line with the mixed theory, in this type of case and to raise hypotheses on which levels the institute should be applied. For this, criteria to be used are suggested, considering the rights involved, preventing prior censorship or serious injury to freedom of expression, but at the same time minimizing and mainly giving the victim the chance to go back to living normally after going through this experience.