LIMA, V. R. A.; http://lattes.cnpq.br/9347259983737033; LIMA, Vitória Régia Araújo de.
Resumen:
This study brings a socio-legal analysis about the right to oblivion against the freedom of
expression and information. In this way, it is verified that the fundamental rights, like the
freedom of expression and information, figure as basic Democratic State of Law, gaining
prominence in the Higher Law and infraconstitutional legislation. It is noteworthy that,
despite the relevance that has, the right of freedom of speech and information is not absolute,
being mitigated by other equally fundamental rights, finding in the law limits for your own
applicability like, for example, privacy rights. It turns out that the gaps in the laws make the
judiciary is responsible for the resolution of these apparent conflicts of legal devices. This
research aims examine the Brazilian legal system of the "Right to Oblivion", now recognized
in two separate decisions of the Superior Court of Justice, which brought more legal force the
issue, especially in relation to the rights to privacy, freedom of the media and information,
and human dignity. First of all, this "new" law was put in discussion nationally by the
Statement 531 VI Journey of Civil Law Council of Federal Justice, firming oblivion between
the rights of personality protected in Article 11 of the Civil Code. In effect, it is considered
that the individual has the right to appeal to anonymity, even taking part in the clear public
interest events,provided that the passage of time removed the circulation of news. Therefore,
it is necessary to analyze the interpretation given to the concepts in the decisions, namely,
privacy, dignity and the public interest, and position the "Right to Oblivion" front to the
principles in the constitution. Thus, one can see that the proportionality principle has been
applied in situations where the right to be forgotten is required, with the same essential to
conflicts, seeking to optimize the effects and not exclude them from any of the rights
involved. It is shown also the positioning of patriotic Courts on the subject. For this, we used
the exgetico-legal method, from which will be shown as the right to freedom of expression
has been seen with the passage of time. With regard to research techniques, it is necessary to
emphasize the choice of literature.