Direito ao esquecimento e suas manifestações no ordenamento jurídico brasileiro

Abstract

The objective of this work was to make a theoretical, doctrinal and jurisprudential analysis on the applicability of the Right to Forgetfulness, an institute that originated in Germany in the 1970s and was implemented in the national legal system. The institute was analyzed and its applicability in the most common fields of Brazilian law, civil and criminal law, also by the study of the best doctrine entered the search of its allocation as right and its place among these. Also, we tried to draw a panorama where through theoretical debates about the conflict between this right and others of equal importance, how to solve them and which of these should prevail when they collide with each other. Then a discussion was held on the popularization of the right to oblivion and a significant increase in lawsuits based on the institute. Finally, a study of concrete cases faced by the STF and STJ where they face the right to oblivion and construct, in a timid manner, jurisprudence on the applicability of the institute. As a result of the whole study through the most diverse sources, it was concluded that the Right to Forgetfulness has application in the Brazilian legal system, and can be applied in several areas, however it is not absolute and can not be opposite to the facts of public interest and that flee to the individual sphere of the human being.