Liberdade de expressão, de imprensa e o direito ao esquecimento.

Abstract

Taking into account that the Federal Supreme Court did not define the criteria or technical parameters to be followed by the judge to conclude whether or not the exercise of freedom of expression and press offends aspects inherent to personality rights, the aforementioned article intends to lead the reader to following analysis: To what extent will the decision of the Federal Supreme Court in General Repercussion – Topic 786 - Applicability of the Right to be Forgotten in the civil sphere when invoked by the victim himself or his family – resolve issues that deal with freedoms: of the press, of expression and the right to be forgotten in the face of personality rights? The preparation of this article aims to contribute to the debate about the application of the right to be forgotten and fundamental rights when in conflict with freedom of expression and the press, without any intention of exhausting the subject. The STF, by not establishing criteria or parameters for the application of a proportionality judgment in the face of the clash between these rights, can bring discrepant decisions to the legal scenario, which will result in great legal uncertainty. The research used bibliographical, legislative and jurisprudential review techniques on the subject, in addition to works from judgments and foreign doctrine, to reflect on the current position of the STF regarding the Right to be Forgotten.