FERREIRA, E. N.; http://lattes.cnpq.br/9435990964217482; FERREIRA, Eliene Nunes.
Résumé:
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.