Esquecimento digital nos tribunais brasileiros: o direito ao esquecimento nos acórdãos no superior tribunal de justiça

Abstract

Introduction: The application of the right to oblivion in the digital context by Brazilian courts has proved to be a controversial topic inserted in the list of information policies, especially when the ways of disseminating information about people and information become more frequent, varied and easy. the facts that surround them, creating a fine line between privacy and freedom of expression. Objective: To analyze the pronouncements of the Brazilian courts regarding the application of the right to forgetting in the digital context. Methodology: To achieve this goal, a research was carried out based on bibliographic and documentary surveys, whose methodological path is presented in the third section of this article. Before it, the right to be forgotten on the internet is the subject addressed in the second section of the text. The following is a summary resulting from the examination of the judgments selected for the study and, at the end, the final considerations on the topic under discussion. Results: Among the results achieved, it is proved that, in addition to the right to be forgotten, the parties who initiated the actions intended to be indemnified in equity aspects. It was also noted that a recurring theme in the cases studied is the limit between the right to be forgotten and information. Conclusions: It was found, given the low rate of acceptance of the lawsuits among the analyzed judgments, that notall requests are granted in the Brazilian courts. It was also concluded that the legal texts and doctrines have not been sufficient to support the decisions of the courts, since authors who were absent in the judgments currently guarantee even co-citations in the sentences.