Direito ao esquecimento: proteção aos direitos fundamentais e dignidades na era digital

Abstract

This study aims to analyze the right to forgetfulness as a form of protection of fundamental rights and dignity in the digital age, as well as to assure individuals the right to privacy, in the face of new technologies that expanded the access and dissemination of information in digital media, through social medias, networks, browsers of information on the Internet and TV broadcasters, and to ensure the right of choice in reliving situations that may cause them some social, economic or psychological harm. The right to forget is not intended to prohibit the disclosure of information, only to restrict that certain personal information is disclosed without permission, situation that is increasingly recurring in the superinfomational society in which we live, in which information is widely disseminated in a short space of time. Although there are already many discussions on the subject in the brazilian legal sphere, there is no specific 4 legislation yet, there is only the wording 531 of the Jornada de Direito Civil and legislative interpretations referring to other subjects, the situation emerges the need for normative improvement to protect legal decisions. Because the guarantee of this right does not violate the right to information, but rather protects the right and power of choice of individuals, ensuring their autonomy. In this context, the theoretical bibliographic method is used, consistent with the research of works dealing with the subject.