O DIREITO AO ESQUECIMENTO NO BRASIL - ANÁLISE DA DECISÃO DO RE 1.010.606/RJ SOB A ÓTICA DO CONFLITO ENTRE DIREITOS FUNDAMENTAIS

Abstract

Faced with the challenges of the new digital age, where information passes quickly, and personal data, images, as well as discussions about the existence of the right to be forgotten in the Brazilian legal system and the international decisions of the European Court, this research had as a general objective investigate whether the decision of RE 1.010.606/RJ by the STF managed to define a clear parameter to definitively resolve the conflict of fundamental rights supposed in the Right to Oblivion in Brazil. Therefore, an exploratory research is carried out, aiming to produce knowledge for further research and to guide the practical application of the precepts, using bibliographical sources, primarily those that address the central aspects of this study. It is concluded that the decision of RE 1.010.606/RJ by the STF failed to define a clear parameter to definitively remedy the conflict of fundamental rights supposed in the Right to Oblivion in Brazil, on the contrary, it did not recognize the existence of said right in the Brazilian legal system, leaving precedents for an ambiguity in relation to its decision, declaring that any excesses or abuses in the exercise of freedom of expression and information must be analyzed on a case-by-case basis, based on constitutional parameters, especially those relating to the protection of honor, image, privacy and personality in general, and the express and specific legal provisions in the criminal and civil spheres.