A tutela jurídica do direito ao esquecimento no Brasil: conceito e aplicação no STJ e STF

Abstract

Nowadays individuals are embedded in the communication society, which is characterized by the enormous flow of information made available and transmitted worldwide, without temporal or territorial barriers. The development of the Internet has fostered the formation of broader and more accessible data networks. In this context, the use of old data from an individual’s past is not unusual, a past which is often overcome. The aim of this paper encompasses an institute capable of protecting the human person and their free development in today's society, namely, the right to be forgotten. The question to be posed is whether this data network can store information over an indefinite period of time and whether that data can be republished at any time. This right is aimed at preventing the disclosure of past information that concerns a person's private affairs, in the presence of certain criteria. The purpose of this work is to investigate how the right to be forgotten has been regulated in Brazil. Therefore, it will be analyzed according to the present Brazilian legal grounds for its protection. Then it will be conceptualized based on the country’s doctrine and jurisprudence. The commonly used criteria to provide its enforcement will also be analyzed, as well as others that may be used to justify its enforcement in specific cases. Setting criteria is extremely relevant to allow a fair and balanced enforcement of this right, without harm to freedom of expression or national memory.