ALMEIDA JÚNIOR, B. J.; http://lattes.cnpq.br/6368928897433806; ALMEIDA JÚNIOR, Bernardino Jerônimo de.
Resumo:
In a society characterized by the strengthening of information flows, the effectiveness
of the rules emanating from the S tate is often challenged by the technical aspects that
outline the legal architecture of virtual environments, where human behavior is
conditioned by technologies that can both protect the use of rights as well as ruin them
altogether. In addition, the virtual environment presents challenges for the rights of
personality with regards to the recognition of a time limit to consider lawful the
conservation of information, news and images devoid of historical or current
importance capable of injuring privacy, honor, the name and other rights, through the
continuous and unwanted connection of a fact passed on to a certain person. It is in
this context that the right to be forgotten arises, which consists in the prerogative that
a person has of not allowing a fact, even if true, that occurred at a certain moment in
his life, to be exposed to the general public, causing him any suffering or disorder. The
present work aims to analyze the possibility of applying the right to oblivion in the digital
society. For this, the study was carried out by means of a bibliographic research, using
the deductive method of approach. In the course of the research, all the challenges for
the application of the right to be forgotten in the digital society were perceived,
considering that, even though it is a right resulting from the dignity of the human
person, the application of such a prerogative involves a conflict between the freedom
of speech and information and individual qualities of the human person, such as
intimacy, privacy and honor.