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.
