O direito ao esquecimento e o livre fluxo de informações na internet: reconhecimento, aplicação e efetivação deste direito no Brasil

Abstract

The right to be forgotten has been presented in Brazil with a certain status of new right, although the Brazilian legal doctrine has already worked with its concept for a while. The most recent European doctrine, on the other hand, treats the right to be forgotten as a contemporary reflection of the right to privacy as a right to informational self-determination. Although Brazilian jurists have received European theories about the right to be forgotten in recent years, there is still in the National doctrine a terminological confusion about this right. That said, this work deals with the right to be forgotten as an umbrella term, from which it braches other rights, especially the right to rehabilitation, the right to erasure and the right to de-indexing, the latter arose in the debate about privacy on the internet from the remarkable Google Spain case in Europe. Futhermore, this work focuses on the conflict between the fundamental right to be forgotten and the right to information, especially when the higher courts in Brazil have recently recognized the latter's preferential position (right to information) when confronted with personality rights. From this new paradigm, it is proposed to update the jurisprudential parameters for the enforcement of the right to be forgotten, without neglecting at all the practical aspects of these judicial decisions and the recurrent problem on the lack of effectiveness of this right, especially in the dynamic sphere of the Internet.