Direito ao esquecimento na era digital: colisão de direitos fundamentais

Abstract

Based on the right to freedom of expression and access to information, today's society is characterized by the constant and immediate sharing of news without any filter, however, by the potentiality of this transmission, such information can invade the individual's private sphere and recall misconceptions committed in the past bringing harm and suffering to those involved. Faced with this context, it is necessary to consider fundamental rights, and from this new perspective the need to apply the right to forgetfulness in the civil sphere has arisen. To explain this conflict the hypotheticaldeductive method was adopted, using methods proposed by doctrine and jurisprudence. The provisions of the Federal Constitution, the Civil Code of 2002, in documents (articles and monographs) were considered in the preparation of this research. Thus, this is a bibliographic/descriptive research that aims to identify the legal technique used to solve the collision between fundamental rights existing in these cases and consequently analyze the application of the right to oblivion.