Direito ao esquecimento: um debate essencial na pós modernidade

Abstract

This paper aims to study the Right to be Forgotten in Brazil through cases that were the subject of judgment in the higher courts. Both cases were broadcast on the program Linha Direta by Globo Comunicação e Participações S.A. These crimes had repercussions at the time they occurred, as well as taking on a new meaning after the simulation carried out by the program, since this process took place at a different time from when the crimes occurred. Based on these two cases, the debate on the Right to be Forgotten has expanded in Brazil, despite the fact that the debate on this right was not legitimized in the legal system, and was held in courts such as the STJ and STF. This work is supported by decisions that were handed down by the STJ and STF. In the Aída Curi case, both courts issued similar decisions that were unfavorable to the right under study. In turn, the Candelária Massacre case has been judged so far only by the STJ, which issued a decision favorable to the Right to be Forgotten. In the decisions, each case was analyzed according to the peculiarities of each crime and how each broadcast on the Linha Direita program impacted the lives of the people who were requesting the Right to be Forgotten. Therefore, it can be seen that, despite not being constitutionally recognized as a right in force in Brazil, the debate on the Right to be Forgotten is essential in the courts, because from the discussions new horizons regarding the referred right are defined and ideas are improved within the legal scope.