O direito ao esquecimento frente a liberdade de informação: análise do projeto de Lei 215/2015.

Abstract

This monograph entitled "The right to be forgotten against the freedom of information: bill analysis 215/2015", has the objective to analyze the implications of socio-cultural, historical and legal consequent insertion of the right to be forgotten in the legal system national, along the lines of the Bill 215/2015, as a way to safeguard the dignity of the human person, protecting the honor and the image in conflict to the collective right to obtain information. The right to be forgotten is not a new topic, but took different contours after the emergence of the Internet. Currently, the issue of awareness is caused by the adoption of Statement 531 by CEJ/CJF, entering this law between the rights of personality as an instrument able to protect the dignity of the human person and the recognition of this right in two decisions by the Superior Court of Justice in 2013. Internationally, there is the precedent decision of the Court of Justice of the European Union with the understanding that the search engines may be required to exclude from their research links that refer to news that may hurt the privacy, honor and image of an individual. In this context, arises the need to create legal instruments to regulate the application of the right to be forgotten in a particular case. Arise the Bill 215/2015 in order to modify the Civil Marco Internet as regards the to punish of crimes against the honor and the remove of the content in this virtual environment. The choice of this theme is justified due to the present and its importance to society. In developing this research, we opted for the deductive method of approach. As for the method of procedure, the method adopted is the comparative. And how to approach the problem, the method used is a qualitative, descriptive. As for the technical procedure, adopted the bibliographic and documentary, as drawn from laws, books, internet and journal articles with content analysis. In search of the production was also used comparative law. With the guiding principle the balance between freedom of communication and expression and the right to privacy, honor and image of individuals, and building on the decisions made by the Supreme Court and the decision of the Court of Justice of the European Union, in the context of comparative law, we came to the conclusion that §3-A of the Bill 215/2015 is not acceptable in the nacional legal system, because it establishes an incorrect definition of the scope of the right to the right to be forgotten in order to protect the privacy, honor and the individual image, reaching even to be a risk to the country's history and memory, as well as being an affront to the democratic principle.