Relações dinâmicas entre memória e esquecimento: das ambivalências às antinomias no mundo digital

Abstract

In the current information society, governed by access and privacy policies, the right to be forgotten appears as a tool to protect the fundamental rights of the citizen. Thus, it discusses some ambivalences that involve this right and its effective applicability. In Brazil, there is no specific legislation dealing with the application of the right to be forgotten and its relationship with individual and collective memory, with judgments being made based on the consideration of fundamental rights arising from human personality. In addition, the Supreme Federal Court found that the right to be forgotten is incompatible with the Federal Constitution, pointing to the analysis of specific cases that comment on excesses and abuses of freedom of expression and the right to information. However, he considers that the data protection movement has resulted in normative instruments to meet the social, political and economic demands of the contemporary world, especially in the production of personality rights.