Direito ao esquecimento na esfera digital e sua relativização aos princípios constitucionais: proteção à dignidade da pessoa humana ou instrumento de violação personalíssima?

Abstract

The work in question aims at a study of the relativization and application of the right to oblivion in the digital sphere, under the constraint of constitutional principles and the legislative protection in force for users, since the theme is extremely important because it demonstrates the reality lived by the population today. To do so, we used bibliographic research methods to analyze these positions - freedom of information versus right to forgetfulness. The studies were also used of the deductive method, based on jurisprudence, books, scientific articles and doctrines, structuring this work in three chapters, in order to better present the theme. The research has thus obtained a positive result in the sense that digital technology and the various forms of data storage encourage us to modify our behavior, so that we can be more self-sufficient and obtain a better socio-political and economic standard, but also a negative result when observing the inefficiency of the legal predictions on the subject, which only bring indemnity.