O direito ao esquecimento no contexto da sociedade digital: da (im)possibilidade de aplicação

Abstract

This project has as a study the regulation of the right to be forgotteen in the context of the digital society. Changes have occurred in today's society, so that the number of people who yearn for information increases every day. The problem of the present research is to verify how the right to forget can be applied in the digital age, considering the accelerated way in which the information propagates. At first, it will be made an analysis of the digital society, the evolution of information technology and verify who are the people who connect and what their pretensions. Then we will analyze the related fundamental rights, freedom of expression, information and press, the right to image, honor, privacy, intimacy, the right to memory, and the right to be forgotteen as a right of personality. From this analysis, the last chapter will examine whether or not the right to oblivion can be applied, free access to means of searches, legal protection of data and regulation of law, the collision between the right to privacy and intimacy versus freedom of expression, information and press, and in the end to study cases of Brazilian decisions and comparative decisions, involving cases in which the indication of URLs and other cases that are not are determined, and in what way the search provider makes it responsible for disindexing a content without the indication of the URL, only by the name of the person who felt offended or by expression related to the case. Thus, the analysis of cases judged before the Courts will be of fundamental importance, in order to highlight the possibility or not of applying the right to be forgotteen in the midst of the digital society. The methodology will be carried out through the deductive method, and bibliographic research.