Direito ao esquecimento frente á liberdade de expressão e de informação.

Abstract

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.