DIREITO AO ESQUECIMENTO: análise da decisão do STF proferida em sede do Recurso Extraordinário n° 1.010.606/RJ

Abstract

The right to be forgotten has been acquiring social repercussion, considering that we live in the era of super information, characterized by the advancement of the digital medium, of information media, data, internet and television, in which memories, news and events can be archived and to any moment can be accessed or remembered. In other words, the 21st century is marked as that of superinformation. The general objective of this study is to analyze the right to be forgotten through Brazilian jurisprudence and doctrines and to understand the recent decision of the Superior Federal Court on Extraordinary Appeal N° 1.010.606/RJ. To reach the general objective, it was necessary to study some specific objectives, namely, seeking to define what the Freedom of Information Law consists of; analyze the right to honor, intimacy, private life and image as personality rights; analyze the means used to resolve the conflict between the Right to be forgotten and the right to freedom of the press/information and finally, examine the “Aída Curi” case in the judgment of Extraordinary Appeal No. 1.010.606/RJ made by the STF. In carrying out the research, the bibliographic survey of books, articles and news that address the themes was used as a research methodology, as well as researchers involved with the subject using legislation, jurisprudence, judgments, legal doctrines, scientific articles, theses and dissertations. As a result, it is concluded that the right to be forgotten when it comes to facts and truthful news disseminated is incompatible with the Brazilian Federal Constitution, valuing the broad freedom of expression, the right to be forgotten would be seen as a restriction in which it would violate the right of citizens to have access to news and facts that were relevant, that were lawfully obtained and that have historical value.