Direito ao esquecimento na sociedade digital: conceito e desafios de aplicabilidade.

Abstract

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.